Morrison v. Health Plan of Nev., Inc.
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Plaintiff was a Medicare beneficiary who received his Medicare benefits through a plan offered by Respondents, health insurance businesses that specialize in health maintenance and/or managed care and are engaged in the joint venture of providing insurance. As a result of his treatment at a clinic, which was a contracted provider for Respondents, Plaintiff became infected with hepatitis C. Plaintiff subsequently sued Respondents alleging negligence in selecting their health care providers. The district court dismissed the complaint, concluding that Plaintiff’s claim was preempted by the federal Medicare Act. The Supreme Court affirmed, holding that state common law negligence claims regarding the retention and investigation of contracted Medicare providers are expressly preempted by the Medicare Act.
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