Guadalupe Caldera v. Ins Co. of the State of PA

JENNIFER WALKER ELROD, Circuit Judge:

This case involves the interplay between the Medicare Secondary Payer Statute (“MSP”), 42 U.S.C. § 1395y(b), and Texas workers’ compensation law. 1 We must decide whether the MSP preempts a state law that requires a workers’ compensation claimant to obtain preauthorization from the relevant carrier before incurring certain medical expenses. See Tex. Lab.Code Ann. § 413.014(c), (d); 28 Tex. Admin. Code § 134.600. Because we hold that it does not, we AFFIRM the district court’s judgment.

I. FACTUAL AND PROCEDURAL BACKGROUND

Plaintiff-Appellant Guadalupe…