America's Health Insurance Plans v. Hudgens

OPINION AND ORDER

WILLIAM S. DUFFEY, JR., District Judge.

This matter is before the Court on Plaintiffs Motion for a Preliminary Injunction [4] and Defendant’s Motion to Dismiss Complaint [22],

I. BACKGROUND

Plaintiff America’s Health Insurance Plans (“AHIP”) challenges the validity of certain provisions of Georgia statutes, regulating the timeliness of the payment of claims submitted to “self-funded” employer health benefit plans, on the ground that the statutes are preempted by the federal Employee Retirement Income Security Act of 1974 (“ERISA”). Defendant Ralph T. Hudgens (“Commissioner”),…