The plaintiff/appellant sought a declaratory judgment preventing a state law defense advanced by the Insurance Company of the State of Pennsylvania. The Medicare Secondary Payer Statute does not preempt a state law that requires a workers' compensation claimant to obtain preauthorization from the relevant carrier before incurring certain medical expenses. The district court's judgment of dismissal is affirmed. 5th U.S. Circuit Court of Appeals, No. 12-40192, 05-14-2013.
Caldera v. The Insurance Company of the State of Pennsylvania
May 21, 2013