Wisconsin Department of Health & Social Services v. Upholsterers International Union Health & Welfare Fund

ORDER

CRABB, Chief Judge.

This is a civil action for monetary and declaratory relief in which plaintiff seeks reimbursement for benefits paid to members of defendant’s health and benefit plan who are also eligible to receive medical benefits under plaintiff’s Medicaid program. Defendant denies that it has any liability to plaintiff for reimbursement of health insurance benefits. It contends that the Employee Retirement Income Security Act (ERISA) preempts the state law on which plaintiff relies in seeking reimbursement. Both parties contend that there is a potential conflict between federal…