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Medicare preempts liability claims for denial of skilled nursing facility services

In Quishenberry v. UnitedHealthcare, Inc., the Supreme Court today upholds the dismissal without trial of negligence, wrongful death, and elder abuse claims against a Medicare Advantage HMO and plan administrator for the alleged premature discharge of an 85-year-old man from a skilled nursing facility. A federal Medicare statute preempts those claims, the court concludes. It doesn’t address whether preemption would preclude claims against the facility and the man’s treating physician.

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