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HEALTH CARE PLAN, INC. v. AETNA LIFE INS. CO.

No. 1113, Docket 91-9234.

966 F.2d 738 (1992)

The HEALTH CARE PLAN, INC., Plaintiff-Appellant, v. AETNA LIFE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 10, 1992.

Attorney(s) appearing for the Case

James L. Magavern, Buffalo, N.Y. (Cheryl Smith Fisher, Robin J. Chapman, Magavern & Magavern, of counsel), for plaintiff-appellant.

Michael Wolford, Rochester, N.Y. (Richard S. Crummins, Nixon, Hargrave, Devans & Doyle, of counsel), for defendant-appellee.

Before OAKES, Chief Judge, WALKER, Circuit Judge, and PARKER, District Judge.

OAKES, Chief Judge:

This appeal presents the question whether 42 U.S.C. § 300e-9 (1988) of the Health Maintenance Organization Act of 1973 confers on health maintenance organizations (HMOs) a private cause of action against employers. The Health Care Plan, Inc. ("HCP") — a federally-qualified HMO — brought an action for damages and injunctive relief against Aetna Insurance Co., pursuant to 42 U.S.C. § 300e-9 and N.Y.Pub.Health Law § 4407...

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