BlueCross Tennessee Must Face Fertility Coverage Challenge (1)

New Hampshire insurance regulators can pursue an enforcement action accusing BlueCross BlueShield of Tennessee of failing to cover a woman’s fertility treatments in violation of New Hampshire law, the Sixth Circuit ruled Thursday.

The enforcement action targeted BlueCross’s activities as a health insurer, rather than its activities as a health plan fiduciary under the Employee Retirement Income Security Act, the US Court of Appeals for the Sixth Circuit said. That means the company can’t use the federal ERISA statute to shield itself from the regulators’ claims, the appeals court said.

“Although ERISA broadly preempts state laws, it leaves intact ...