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Betsy D. Baydala Sedgwick LLP

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Case study in Nevada: the allegedly unsafe medical provider and ERISA preemption *

USA - April 18 2012
In Cervantes v. Health Plan of Nevada, 263 P.3d 261 (Nov. 2011), the plaintiff commenced an action against a managed care organization (MCO) alleging it violated Nevada's quality assurance laws and regulations when MCO allegedly referred her to a "blatantly unsafe medical provider" where she alleges she contracted hepatitis C.