Uhm v. Humana

Preemption amicus brief filed in the U.S. Court of Appeals for the Ninth Circuit on behalf of the NATIONAL SENIOR CITIZENS LAW CENTER, CALIFORNIA HEALTH ADVOCATES, THE CENTER FOR MEDICARE ADVOCACY AND MEDICARE RIGHTS CENTER.

SUMMARY OF ARGUMENT

This Court should reverse the district court’s order dismissing Plaintiffs-Appellants’ action on the grounds that the claims were preempted. The Court must apply the presumption against preemption, recognizing the historic presence of state law in protecting the health of its citizens and prohibiting fraud. The Medicare statute, fairly but narrowly construed, does not expressly preempt either common law claims or generally applicable state statutes. Implied conflict preemption is unwarranted, since it is possible to comply with both federal and state law. Moreover, rejection of preemption is consistent with the overarching purpose of the Medicare statute. State law remedies for injuries such as wrongful death are an integral part of the joint federal and state protection of the wellbeing of Medicare beneficiaries.