The TRAVELERS INSURANCE COMPANY, Plaintiff-Appellee-Cross-Appellant,
Health Insurance Association of America, American Council of Life Insurance, Life Insurance Council of New York, Inc., Aetna Life Insurance Co., Aetna Health Plans of New York, Inc., Mutual of Omaha Insurance Company, the Union Labor Life Insurance Company, Professional Insurance Agents of New York, Inc. Trust, Plaintiffs-Appellees,
New York State Health Maintenance Organization Conference and Health Services Medical Corporation, MVP Health Plan, Wellcare of New York, Mid-Hudson Health Plan, Oxford Health Plan, Capital District Physicians Health Plan, Choicecare Long Island, Independent Health, Travelers of New York, Physicians Health Services, Preferred Care and U.S. Healthcare, Plaintiffs-Intervenors-Appellees,
v.
George E. PATAKI, in his official capacity as Governor of the State of New York, Barbara DeBonno, M.D., in her official capacity as Commissioner of Health for the State of New York, Edward J. Muhl, in his official capacity as Superintendent of Insurance of the State of New York, Bryan Wing, in his official capacity as Commissioner of Social Services of the State of New York, Dennis C. Vacco, in his official capacity as Attorney General of the State of New York, Defendants-Appellants-Cross-Appellees,
New York State Conference of Blue Cross & Blue Shield Plans, Empire Blue Cross and Blue Shield, Hospital Association of New York State, Intervenors-Defendants-Appellants-Cross-Appellees.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued May 20, 1993.
Decided October 25, 1993.
Reversed April 26, 1995.
Decided August 15, 1995.
Attorney(s) appearing for the Case
M. Patricia Smith, Asst. Atty. Gen., New York City (Dennis C. Vacco, Atty. Gen. of State of New York, of counsel), for defendants-appellants-cross-appellees.
Robert A. Bicks, Whitman Breed Abbott & Morgan, New York City (James J. Sabella, Patricia Anne Kuhn, New York City, of counsel, and Bartley J. Costello, III, Eileen M. Considine, Hinman, Straub, Pigors & Manning, P.C., Albany, NY, of counsel), for intervenors-defendants-appellants-cross-appellees Empire Blue Cross & Blue Shield and the New York State Conference of Blue Cross & Blue Shield Plans.
Jeffrey J. Sherrin, Sherrin & Glasel, Albany, NY, for intervenor-defendant-appellant-cross-appellee Hosp. Ass'n of New York State.
Craig P. Murphy, Windels, Marx, Davies & Ives, New York City, for plaintiff-appellee-cross-appellant The Travelers Ins. Co., and plaintiffs-appellees Health Ins. Ass'n of America, American Council of Life Ins., Life Ins. Council of New York, Inc., Mutual of Omaha Ins. Co., The Union Labor Life Ins. Co., Aetna Life Ins. Co. and Aetna Health Plans of New York, Inc. and Professional Ins. Agents of New York, Inc. Trust.
Diana L.S. Peters, Feder & Assocs., Washington, DC, for amicus curiae The Natl. Coordinating Committee for Multiemployer Plans.
Edward J. Groarke, Colleran, O'Hara & Mills, Garden City, NY, for amicus curiae Trustees of and The Pension, Hospitalization Benefit Plan of the Elec. Industry and Trustees of and United Food and Commercial Workers Local 174 Health Care Fund, Trustees of and United Food and Commercial Workers Local 174 Retail Welfare Fund, and Trustees of and United Food and Commercial Workers Local 174 Commercial Health Care Fund.
Hugh Barber, Asst. Atty. Gen., Hartford, CT (Richard Blumenthal, Atty. Gen. of State of Conn., Richard J. Lynch, Phyllis E. Hyman, Asst. Attys. Gen., of counsel), for amicus curiae the State of Connecticut.
Before: LUMBARD and CARDAMONE, Circuit Judges.
United States Court of Appeals, Second Circuit.
PER CURIAM:
In Travelers Insurance Co. v. Cuomo,14 F.3d 708 (2d Cir.1993), we held in part that the Employee Retirement Income Security Act of 1974 ("ERISA"), as amended, 29 U.S.C. § 1001 et seq., preempted a New York statute that imposed surcharges on hospital bills ultimately paid by private health insurers. The Supreme Court reversed and remanded this portion of our decision, New York State Conference of...
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