Rivers v. Health Options Connect, Inc.

ORDER ON OBJECTIONS TO MAGISTRATE’S REPORT AND RECOMMENDATION

FERGUSON, District Judge.

The broad question presented by the objections to the Report and Recommendation is whether a wrongful death state action based on the negligent decision of a managed health plan physician-administrator, which rejected a request of the patient’s private physician to extend a hospital stay, is completely preempted by the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001-1461 (1994)(“ERISA”). Although the Eleventh Circuit has not addressed the. question presented there is a considerable body of…