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CONNECTICUT HOSP. ASSN. v. WELTMAN

No. 1665, Docket 94-9237.

66 F.3d 413 (1995)

The CONNECTICUT HOSPITAL ASSOCIATION, Plaintiff-Appellee, v. Gwen B. WELTMAN, Acting Commissioner of the Office of Health Care Access, and Donald F. Miller, in his official capacity as Commissioner of the State of Connecticut Department of Revenue Services, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided September 12, 1995.

Attorney(s) appearing for the Case

Hugh Barber, Asst. Atty. Gen. of the State of Connecticut, Hartford, CT (Richard Blumenthal, Atty. Gen., Richard J. Lynch, Phyllis E. Hyman, Asst. Attys. Gen., of counsel), for defendants-appellants Gwen B. Weltman, Acting Commissioner of the Office of Health Care Access, and Donald F. Miller, in his official capacity as Commissioner of the State of Connecticut Department of Revenue Services.

William J. Doyle, Wiggin & Dana, New Haven, CT (Karen L. Clute, of counsel), for plaintiff-appellee the Connecticut Hospital Association.

Before McLAUGHLIN, JACOBS, Circuit Judges, and KAUFMAN, District Judge.

PER CURIAM:

The defendants appeal a decision of the United States District Court for the District of Connecticut (Alfred V. Covello, Judge), which held that the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. § 1001 et seq. ("ERISA"), preempted Connecticut's second attempt to enact a statute that imposed surcharges on hospital bills ultimately paid by ERISA plans. For reasons explained...

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