Ardary v. Aetna Health Plans of California, Inc.

O’SCANNLAIN, Circuit Judge:

We must decide whether state law claims for wrongful death against a private Medicare provider are preempted by the Medicare Act.

I

William Ardary, Kevin Ardary, William C. Ardary, and Diane M. Houston (“the Ardar-ys”) are the surviving husband and children of the late Cynthia Ardary. In July 1991, William and Cynthia attended a presentation given by Judith Hendrix (“Hendrix”), a marketing representative of Aetna Health Plans of California.1 Because William and Cynthia resided in the relatively isolated community of Big Bear, California, they expressed concern to…