Bloomberg Law
March 13, 2023, 8:46 PM

Blue Cross Blue Shield Not Liable for Denial of Cancer Therapy

Peter Hayes
Peter Hayes

Blue Cross and Blue Shield Assoc. won dismissal of a federal worker’s claim for monetary compensation for denying proton therapy coverage for cancer treatment.

Roslyn Gonzalez’s state law claims are barred by the Federal Employees Health Benefits Act, which preempts state law claims on matters of coverage or benefits, the US Court of Appeals for the Fifth Circuit ruled in an opinion written by Judge Don R. Willett.

Gonzalez’s claim for monetary relief against the Office of Personnel Management also fails because didn’t identify a claim for which there is some “amount of benefits in dispute"—the required showing under ...

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