IA High Court Rules Insurer Did Not Violate Statute

Iowa case law summary by Attorney Richard Clem: Insurance.

Lyle H. Abbas, et al., v. Iowa Insurance Division. IA Insurance

The plaintiffs in this 2017 Iowa Supreme Court case construing Iowa Code section 514F.2 were Iowa-licensed chiropractors who argued that the payments made by Wellmark, Inc., were unlawfully discriminatory under the statute.

The Iowa Insurance Commissioner held that the insurer had not violated the statute, and the district court agreed.

On appeal, the Supreme Court affirmed, holding:

(1) the interpretation of section 514F.2 has not been clearly vested by a provision of law in the discretion of the commissioner, (2) section 514F.2 regulates payments to providers, (3) the health insurerís payments for chiropractic care are not based solely on licensure, and (4) the Employee Retirement Security Program (ERISA) preempts the application of Iowa Code section 514F.2 to self-funded health plans.

No. 15-1248 (Iowa April 21, 2017).

Please see the original opinion for the court's exact language.


Advertisement:


Richard P. Clem is an attorney and continuing legal education (CLE) provider in Minnesota. He has been in private practice in the Twin Cities for 25 years. He has a J.D., cum laude, from Hamline University School of Law in St. Paul and a B.A. in History from the University of Minnesota. His reported cases include: Asociacion Nacional de Pescadores a Pequena Escala o Artesanales de Colombia v. Dow Quimica de Colombia, 988 F.2d 559, rehearing denied, 5 F.3d 530 (5th Cir. 1993), cert. denied, 510 U.S. 1041 (1994); LaMott v. Apple Valley Health Care Center, 465 N.W.2d 585 (Minn. Ct. App. 1991); Abo el Ela v. State, 468 N.W.2d 580 (Minn. Ct. App. 1991).

For more information about attorney Clem, please visit his website.
For more information about his low-cost CLE programs, please visit his CLE page.
Return to index of case summaries

Copyright 2017, Richard P. Clem.
Attorney Richard P. Clem is responsible for the content of this page.

Richard P. Clem, Attorney
PO Box 14957
Minneapolis, MN 55414
USA
Phone: +1-612-378-7751
e-mail: clem.law@usa.net
Minnesota Attorney Registration Number 0192648


Books by Richard Clem:


Please visit my author page at amazon.com


Copyright and privacy notice.