Coventry Health Care v. Nevils (Does the Federal Employee Health Benefits Act's express -
preemption provision preempt state laws that prevent carriers from seeking subrogation or reimbursement and, if so, is preemption by contract consistent with the Supremacy Clause)(co-counsel on the merits)
Not exact matches
Other commenters supported the proposed
preemption provision — not to
preempt a state law to the extent it authorizes or prohibits disclosure of protected health information regarding a minor to a parent.
Many other comments, however, recommended changing the proposed
preemption provisions to
preempt state privacy laws on as blanket a basis as possible.
We considered whether the
preemption provision of section 264 (c)(2) of HIPAA would give effect to state laws that would otherwise be
preempted by section 514 (a) of ERISA.
Section 264 also contains a
preemption provision that provides that contrary
provisions of state laws that are more stringent than the federal standards, requirements, or implementation specifications will not be
preempted.