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PALMER v. ST. JOSEPH HEALTHCARE

No. 22,728.

77 P.3d 560 (2003)

134 N.M. 405

2003-NMCA-118

John PALMER, Delilah McGuire, and Lois Anderson, individually and on behalf of all other similarly situated persons, Plaintiffs-Appellants, v. ST. JOSEPH HEALTHCARE P.S.O., INC., St. Joseph Healthcare System, and Catholic Health Initiatives, all corporations, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Granted September 15, 2003.

Attorney(s) appearing for the Case

Michael C. Parks, Senior Citizens Law Office, Inc., Albuquerque, NM, for Appellants.

Charles A. Pharris, Gary J. Van Luchene, Keleher & McLeod, P.A., Albuquerque, NM, for Appellees.

Certiorari Granted, No. 28,233, September 15, 2003.

OPINION

JONATHAN B. SUTIN, Judge.

{1} In this appeal, we address federal preemption in Medicare Plus Choice programs, known as M+C programs. Defendant St. Joseph Healthcare P.S.O., Inc. (St.Joseph) operated an M+C program under contract with a federal agency known as the Health Care Financing Administration (HCFA).1 Plaintiffs, including the certified class, sued St...

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