UnitedHealthcare of N.Y., Inc. v. Lacewell

Full title: UNITEDHEALTHCARE OF NEW YORK, INC., and OXFORD HEALTH INSURANCE, INC.…

Court: UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Date published: Sep 25, 2020

17 CIVIL 7694 (JGK) (S.D.N.Y. Sep. 25, 2020)

Opinion

17 CIVIL 7694 (JGK)

09-25-2020

UNITEDHEALTHCARE OF NEW YORK, INC., and OXFORD HEALTH INSURANCE, INC., Plaintiffs, v. LINDA A. LACEWELL, in her official capacity As Superintendent of Financials Services of the State of New York, Defendant.

RUBY J. KRAJICK Clerk of Court

JUDGMENT

It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated September 24, 2020, Pursuant to the Court of Appeals' Opinion and Judgment dated July 20, 2020 and Mandate dated September 10, 2020, the Court hereby:

1. GRANTS summary judgment in favor of plaintiffs on their claims arising under the Supremacy Clause of the United States Constitution;

2. DECLARES that Defendant's Emergency and Permanent 2017 Plan Year Regulation and Plan Years 2018 and Thereafter Regulation, appearing as Sections 361.9 and 361.10 of Part 361 of Title 11, NYCRR, violate the Affordable Care Act and regulations thereunder, are preempted by federal law, and are null and void and unenforceable;

3. PERMANENTLY ENJOINS Defendant, or those acting in concert with Defendant, from enforcing or exercising the authority established by Defendant's Emergency and Permanent 2017 Plan Year Regulation and

Plan Years 2018 and Thereafter Regulation; and

4. DISMISSES without prejudice all of Plaintiffs' remaining claims, arising under the Fifth and Fourteenth Amendment to the United States Constitution, as moot.

Dated: New York, New York

September 25, 2020

RUBY J. KRAJICK

Clerk of Court

BY: /s/ _________

Deputy Clerk