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PRUDENTIAL INS. CO. v. NAT'L PARK MEDICAL CTR.

Nos. 97-2221, 97-2226, 97-2229.

154 F.3d 812 (1998)

The PRUDENTIAL INSURANCE COMPANY OF AMERICA, Prudential Health Care Plan, Inc., d/b/a Prudential Health Care Plan of Arkansas, HMO Partners, Inc., Arkansas AFL-CIO, Tyson Foods, Inc., and United Paperworkers International Union AFL-CIO, CLC, Plaintiffs-Appellees, Cross-Appellants, v. NATIONAL PARK MEDICAL CENTER, INC., Y.Y. King, M.D., Bryan W. Russell, D.C., George A. Haas, O.D., and Bryant Ashley, O.D., Defendants-Appellants. State of Arkansas, Intervenor Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided September 2, 1998.

Attorney(s) appearing for the Case

David Lawrence Ivers, Little Rock, AR, argued (Harold Simpson, Lynda Johnson, JoAnn Maxey and Tim Gauger, on the brief), for Appellant.

Chet Allen Roberts, Little Rock, AR, argued (Allan W. Horne, Daly D.E. Temchine and Byron Freeland, on the brief), for Appellee.

Before McMILLIAN and FAGG, Circuit Judges, and BENNETT, District Judge.

BENNETT, District Judge.

This case involves the question of whether the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001 et seq., preempts Arkansas' so-called "Patient Protection Act," Acts 505 and 1193 passed by the Arkansas General Assembly in 1995 (the Arkansas PPA). The Arkansas General Assembly's goal in passing the PPA was to ensure "that patients ... be given the opportunity to see the health care provider of their choice." ARK...

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