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A diabetic Mississippi man who lost part of his leg after his HMO refused to let his doctor treat him has posthumously lost his bid to sue the plan. The 5th U.S. Circuit Court of Appeals held that determining whether a doctor is a primary-care physician or not is an administrative, not medical, decision, and any suit challenging such determination is pre-empted by the Employee Retirement Income Security Act.
December 31, 2002 at 12:00 AM
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The original version of this story was published on Law.Com
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