Case Summary

4977 REVIEW DENIED California statutes requiring quality-of-care review systems and imposing a duty on MA HMOs to ensure adequately and timely care were expressly preempted by federal regulations. Furthermore, plaintiff’s causes of action based on state common law concepts of duty, independent of the California statutes, are also preempted.

YARICKv PACIFICARE OF CALIFORNIA (Medicare Advantage Preemption) 179 CA4 1158 [See Health & Safety Code §1367.01; 42 USC § 1395w-26(b)(3)]