041465P.pdf   06/29/2005  Prudential Ins. Co.  v.  HMO Partners
   U.S. Court of Appeals Case No:  04-1465
                          and No:  04-1644
   Eastern District of Arkansas   
   [PUBLISHED] [Gruender, Author, with Riley and J. Gibson, Circuit 
   Judges] 
   Civil case - ERISA. See this Court's opinion in Prudential Insurance 
   Co. of American National Park Medical Center, Inc. 154 F.3d 812 (8th 
   Cir. 1998) (Prudential I). District court had authority to entertain and 
   rule on defendants' Rule 60(b)(5) motion; argument that Arkansas repealed 
   the Arkansas Patient Protection Act of 1995 when it passed the Freedom 
   of Choice Among Health Benefit Plans Act of 1999 rejected; under 
   Kentucky Ass'n of Health Plans v. Miller, 538 U.S. 329 (2003), the 
   district court did not err in dissolving the Prudential I injunction with 
   regard to plans other than self-funded plans, as ERISA does not preempt 
   the Patient Protection Act with respect to ERISA plans which are not 
   self-funded; however, the court erred in determining the Prudential I 
   injunction should be dissolved with respect to self-funded ERISA plans; 
   following Aetna Health Inc. v. Davila, 124 S. Ct. 2488 (2004), the court 
   holds ERISA completely preempts the civil penalties provisions of the 
   Arkansas Patient Protection Act as applied to suits that could have been 
   brought under ERISA Section 502.