Dalton v. Peninsula Hospital Center

*913OPINION OF THE COURT

Stanley L. Sklar, J.

This case presents the issue of whether claims of negligence and breach of contract arising out of the alleged failure of a health maintenance organization (HMO) to furnish qualified health care providers to those who receive coverage under the HMO’s plan are preempted by the Employee Retirement Security Act of 1974 (ERISA [29 USC § 1001]). I hold that they are.

Defendants Empire Blue Cross-Blue Shield Healthnet and Healthnet (Healthnet) move for an order dismissing plaintiffs’ complaint for failure to state a cause of action and dismissing plaintiffs’…