Dale FOSSEN; D and M Fossen, Inc.; Larry Fossen; L and C Fossen, Inc.; Marlowe Fossen; M and C Fossen, Inc.; Fossen Brothers Farms, a Partnership, Plaintiffs-Appellants,
v.
BLUE CROSS AND BLUE SHIELD OF MONTANA, INC., a health service corporation, Defendant-Appellee.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Mark G. Arnold and Jeffrey J. Simon , Husch Blackwell LLP, St. Louis, MO, for amicus curiae National Association of Insurance Commissioners.
Jesse Laslovich and Christina Lechner Goe , Office of the Commissioner of Securities and Insurance, Montana State Auditor, Helena, MT, for amicus curiae Monica J. Lindeen, Commissioner of Securities and Insurance, Montana State Auditor.
Before: MARY M. SCHROEDER and MILAN D. SMITH, JR., Circuit Judges, and ROGER T. BENITEZ, District Judge.
United States Court of Appeals, Ninth Circuit.
OPINION
M. SMITH, Circuit Judge:
This appeal presents the question of whether a provision of the federal Health Insurance Portability and Accountability Act (HIPAA), Pub.L. No. 104-191, 110 Stat.1936 (1996), preempts Montana's "little HIPAA" law, Mont.Code Ann. § 33-22-526(2)(a), for purposes of both conferring federal subject matter jurisdiction and defeating state-law causes of action on the merits. The federal and state HIPAA provisions at issue...
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