Chester O. Draper, Personal Representative of the Estate of Ilene Draper, Deceased v. Robert Chiapuzio, M.D., and Harney County, Oregon, a Public Body
Opinion
Opinion
Charles 0. Draper, personal representative of the estate of llene Draper, appeals from the district court’s dismissal of his action against Harney County, Oregon, 755 F.Supp. 331 , alleging that the County, as operator of the Harney County Hospital, violated the Emergency Medical Treatment and Active Labor Act, 42 U.S.C. § 1395dd. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm.
Draper argues that the district court erred in applying Oregon’s one-year tort claim notice requirement, which provides that notice of a claim against a public body in a wrongful death action must be filed within one year of the alleged loss or injury. Or.Rev.Stat. 30.-275. Draper contends that ORS 30.275 is preempted by the two-year statute of limitations for suits brought under the Act. 42 U.S.C. § 1395dd(d)(2)(C). We reject the argument.
Congressional intent is the sole guide in determining whether federal law preempts a state statute. See California Fed. Sav. & Loan Ass’n v. Guerra, 479 U.S. 272, 280 , 107 S.Ct. 683, 689 , 93 L.Ed.2d 613 (1987). In ascertaining this intent, we must respect legislative provisions that explicitly address preemption: