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Yesterday, the California Fifth District Court of Appeal published an opinion in Yarick, v. Pacificare of California, No. F057032. The appellate opinion holds that the plaintiff’s state law claims against a federal Medicare Advantage program were preempted by the 2003 Medicare Prescription Drug, Improvement and Modernization Act, 42 U.S.C. Section 1395w-26(b)(3). But what is even more
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