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NEALY v. US HEALTHCARE HMO

93 N.Y.2d 209 (1999)

711 N.E.2d 621

689 N.Y.S.2d 406

SUSAN NEALY, Individually and as Administratrix of the Estate of GLENN NEALY, Deceased, Appellant, v. US HEALTHCARE HMO et al., Defendants, and RALPH YUNG, Respondent.

Court of Appeals of the State of New York.

Decided March 25, 1999.

Attorney(s) appearing for the Case

Oxman Natale Friedman Geiger & Tulis, P. C., Hawthorne (Marc S. Oxman and Susan F. Gibralter of counsel), for appellant.

Peltz & Walker, New York City (Bhalinder L. Rikhye and Denise A. Rubin of counsel), for respondent.

G. William Scott, Henry L. Solano, Marc I. Machiz and Karen L. Handorf, of the District of Columbia Bar, admitted pro hac vice, for the Secretary of Labor, amicus curiae.

Eliot Spitzer, Attorney-General, New York City (Peter H. Schiff, M. Patricia Smith and Pamela Jarvis of counsel), for State of New York, amicus curiae.

Judges BELLACOSA, SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

Chief Judge KAYE.

The novel question presented by this appeal is whether the Employee Retirement Income Security Act (ERISA) preempts plaintiff's medical malpractice, breach of contract and breach of fiduciary duty claims against a primary care physician who allegedly delayed in submitting a specialist's referral form for approval by a health maintenance organization (HMO) governed by ERISA. Concluding that ERISA does

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