OXFORD HEALTH PLANS (NY), INC. v. BETTERCARE HEALTH CARE PAIN MANAGEMENT & REHAB PC


305 A.D.2d 223 (2003)

762 N.Y.S.2d 344

OXFORD HEALTH PLANS (NY), INC., et al., Respondents, v. BETTERCARE HEALTH CARE PAIN MANAGEMENT & REHAB PC et al., Appellants, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided May 15, 2003.


Defendants-appellants are medical professional corporations, their shareholders and principals, and their employees. The professional corporations have billed plaintiffs health maintenance organizations (HMOs) for services rendered to HMO members. The billings allegedly were fraudulent.

Contrary to defendants' contention, the action is not preempted by federal law governing employment benefits since, even if the relief sought is obtained, the action's outcome will...

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