Blaine v. Community Health Plan

OPINION OF THE COURT

Harold J. Hughes, J.

Defendant Community Health Plan (CHP) moves pursuant *333to CPLR 3211 for an order dismissing plaintiffs’ medical malpractice action on the ground that it is preempted by the Employee Retirement Income Security Act of 1974 (ERISA) (29 USC § 1144 [b] [2] [B]) and barred by Public Health Law § 4410. In the alternative CHP seeks an order in limine precluding the plaintiffs from raising the corporate defendant’s failure to provide medical treatment to Rebecca Blaine (Blaine) at the trial.

CHP, a health maintenance organization (HMO), was the medical insurer of…