UNITED BEH. HEALTH v. MARICOPA INT. HEALTH

No. CV-15-0239-PR.

377 P.3d 315 (2016)

UNITED BEHAVIORAL HEALTH, a California Corporation and its Subsidiary Pacificare Behavioral Health, Inc., Plaintiffs/Appellants, v. MARICOPA INTEGRATED HEALTH SYSTEM, an Arizona Special Taxing District, Defendant/Appellee. United Behavioral Health, a California Corporation, Plaintiff/Appellee, v. Aurora Behavioral Health Care — Tempe, LLC; and Aurora Behavioral Health System, LLC, Defendants/Appellants.

Supreme Court of Arizona.

Filed August 25, 2016.


Attorney(s) appearing for the Case

John C. West , Robert M. Kort (argued), Lewis Roca Rothgerber Christie LLP, Phoenix, Attorneys for United Behavioral Health and PacifiCare Behavioral Health, Inc.

Russell A. Kolsrud , Mark S. Sifferman (argued), Clark Hill PLC, Scottsdale, Attorneys for Maricopa Integrated Health System, Aurora Behavioral Health Care — Tempe, LLC, and Aurora Behavioral Health System, LLC.

David L. Abney , Dana R. Roberts , Knapp & Roberts, P.C., Scottsdale; and Geoffrey M. Trachtenberg , Levenbaum Trachtenberg, PLC, Phoenix, Attorneys for Amici Curiae Law Firms

JUSTICE TIMMER authored the opinion of the Court, in which VICE CHIEF JUSTICE PELANDER, JUSTICES BRUTINEL and BERCH (RETIRED) and JUDGE VÁSQUEZ joined.


¶ 1 Medicare Part C, 42 U.S.C. §§ 1395w-21 et seq., permits enrollees to obtain Medicare-covered healthcare services from private healthcare organizations and their third-party contractors. The Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. §§ 1001 et seq., regulates health...

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