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MASS. ASS'N OF HEALTH MAINTENANCE v. RUTHARDT

No. 99-1133.

194 F.3d 176 (1999)

MASSACHUSETTS ASSOCIATION OF HEALTH MAINTENANCE ORGANIZATIONS, Plaintiff, Appellee, v. Linda RUTHARDT, Commissioner of Insurance, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided October 8, 1999.

Attorney(s) appearing for the Case

Thomas A. Barnico, Assistant Attorney General, Commonwealth of Massachusetts, with whom Thomas F. Reilly, Attorney General, was on brief, for appellant.

Clare D. McGorrian and Health Law Advocates on brief for Mass. Senior Action Council, Health Care for All, Inc., Disability Law Center, Gerontology Institute of the University of Mass.-Boston, Center for Medicare Advocacy, Alzheimer's Disease and Related Disorders Ass'n of Eastern Mass., and AIDS Action Committee of Mass., amici curiae.

John T. Montgomery, with whom Richard S. Weitzel and Ropes & Gray were on brief, for appellee.

Before SELYA, Circuit Judge, BOWNES, Senior Circuit Judge, and LIPEZ, Circuit Judge.

SELYA, Circuit Judge.

The Commonwealth of Massachusetts requires organizations that offer Medicare beneficiaries supplemental health care insurance to provide full prescription drug coverage. When the federal government enacted legislation that imposed its own imperatives on such organizations, an association of health care providers sought a declaration that the federal scheme preempted the Massachusetts drug-benefit directive. The United States District Court for...

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