Cleghorn

We are presented once again with a question concerning the degree to which the federal Employee Retirement Income Security Act (“ERISA”) preempts state law. Douglas D. Cleghorn is a participant in his employer’s ERISA health plan offered by Blue Shield of California (doing business as CareAmerica) (“Blue Shield”). On one occasion he sought and received emergency medical services and Blue Shield denied reimbursement. Cleghorn sued Blue Shield in California state court, asserting state-law causes of action and alleging that Blue Shield had violated an emergency . care provision in section 1371.4(c) of the California Health and Safety Code.

Blue Shield removed the case to federal court and the district court held that Cleg-horn’s claims were preempted by ERISA. When Cleghorn declined to amend his complaint to allege an ERISA claim, the district court dismissed his complaint for failure to state a claim. We affirm the judgment of the district court.

I. Background

Through his employer, Cleghorn became a member of a Blue Shield health plan. He subsequently sought and received emergency medical care for an episode of dizziness, imminent loss of consciousness, weakness, muscle fatigue,…