Cynthia receives health benefits under her employer-sponsored health insurance plan which was covered by ERISA.She applied for pre-approval for surgery to repair a deviated septum in her nose that she and her physician believed was interfering with her breathing.The plan administrator,Plan X,denied the surgery on the basis that it was cosmetically based.Cynthia proceeded to sue Plan X in a state court in her home state for medical malpractice.The plan administrator's home state is different from that of Cynthia.Which of the following is the most likely result?

Question

Quizplus · Accepted Answer

Cynthia's case is likely to be dismissed because it involves a claim for benefits under an employer-sponsored health insurance plan, which is covered by ERISA. ERISA preempts state laws related to employee benefit plans and provides for a comprehensive system of regulation by the federal government. Therefore, Cynthia's lawsuit for medical malpractice is likely to be preempted by ERISA and dismissed. Additionally, the fact that the plan administrator's home state is different from hers is not relevant to the likely outcome of her case.

Cynthia Receives Health Benefits Under Her Employer-Sponsored Health Insurance Plan