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HMOS--independent medical review--preemption. Rush Prudential HMO, Inc. v. Moran
Abstract:
A state statute can require an HMO to provide for an independent medical review of a denial of a request for a particular treatment as not medically necessary and to provide the treatment if the reviewing physician determines the covered service is reasonably necessary. The statute is exempt from ERISA preemption as a law that regulates insurance.