THCLATexas Health Care Liability Act
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The Court also rejected respondents' arguments that the THCLA is a law that regulates insurance and that [section] 514(b)(2)(A) of ERISA saves their claims from preemption.
The Fifth Circuit saw the THCLA not as a law for collecting ERISA benefits (and hence not duplicative of the ERISA remedial measures of ERISA [section]502(a)) but instead saw the THCLA as a distinct law making plan administrators (e.
Consequently, their claims could have been presented as garden variety 502(a) claims for relief under ERISA rather than THCLA claims for damages for injury caused by wrongful denial of benefits.
District Court of Appeals in New Orleans upholds the right of consumers to sue their HMOs in response to Aetna's suit against the THCLA.