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MORRISON v. HEALTH PLAN OF NEV.

No. 61082.

328 P.3d 1165 (2014)

Louis MORRISON, Appellant, v. HEALTH PLAN OF NEVADA, INC.; Sierra Health Services, Inc.; Sierra Health and Life Insurance Company, Inc.; Sierra Health-Care Options, Inc.; United Healthcare Insurance Company; and United Healthcare Services, Inc., Respondents.

Supreme Court of Nevada.

July 10, 2014.

Attorney(s) appearing for the Case

Kemp, Jones & Coulthard, LLP, and Will Kemp and Eric M. Pepperman , Las Vegas, for Appellant.

Holland & Hart, LLP, and Constance L. Akridge and Matthew T. Milone , Las Vegas; Bryan Cave LLP and Lawrence G. Scarborough , J. Alex Grimsley , and Meridyth M. Andresen , Phoenix, AZ, for Respondents.

McDonald Carano Wilson LLP and Debbie A. Leonard and Seth T. Floyd , Las Vegas; Crowell & Moring LLP and Arthur N. Lerner and April N. Ross , Washington, D.C., for Amicus Curiae America's Health Insurance Plans, Inc.

Matthew L. Sharp, Ltd., and Matthew L. Sharp , Reno; Gillock & Killebrew and Gerald I. Gillock and Nia C. Killebrew , Las Vegas; Edward M. Bernstein & Associates and Patti S. Wise and Gary W. Call , Las Vegas; Friedman Rubin and Richard H. Friedman and William S. Cummings , Bremerton, WA, for Amici Curiae Dolores J. Cappetto, Carole Grueskin, James London, Rodolfo Meana, and Dorothy Rogers.

Fennemore Craig Jones Vargas and James L. Wadhams and Alexis L. Brown , Las Vegas, for Amicus Curiae Nevada Association of Health Plans.

Before the Court En Banc.

OPINION

By the Court, HARDESTY, J.:

In this appeal, we are asked to determine whether a Medicare beneficiary's state common law negligence claim against his private health insurance company, through which he is receiving his Medicare benefits, is preempted by the federal Medicare Act. Because we conclude that state common law negligence claims regarding the retention and investigation of contracted Medicare providers are expressly preempted by the...

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