Blue Cross & Blue Shield of Alabama v. King

BRADLEY, Presiding Judge.

This case is brought pursuant to the provisions of the Employee Retirement Income Security Act, 29 U.S.C.A. §§ 1001 through 1461 (West Supp.1988) (ERISA).

The employee, Elaine King, was covered by a health plan provided to her through her employer by Blue Cross and Blue Shield of Alabama (Blue Cross). Pursuant to the plan’s provisions, King sought to recover medical expenses incurred as a result of a hysterectomy.

We note at the outset that for ERISA to govern an employee health plan the plan must qualify as an “employee welfare benefit plan” pursuant to ERISA’s…