With no explanation, chose the best option from "A", "B", "C" or "D". plans or require investigation into the terms of their plans; rather, they derive from N.Y. Gen. Oblig. Law § 5-335. The district court also stated that section 5-335 could not be the basis of an independent legal duty because it does not apply “where there is a statutory right of reimbursement,” N.Y. Gen. Oblig. Law § 5-335(a), and plaintiffs’ plans contain a right of reimbursement that “is enforced by means of ERISA.” Wurtz, 933 F.Supp.2d at 499-500. However, “ERISA says nothing about subrogation provisions. ERISA neither requires a welfare plan to contain a subrogation clause nor does it bar such clauses or otherwise regulate their content.” Member Servs. Life Ins. Co. v. Am. Nat’l Bank & Trust Co. of Sapulpa, 130 F.3d 950, 958 (10th Cir.1997) ( F.3d 278, 291-92 (4th Cir.2003) (<HOLDING>) ; see also Levine v. United Healthcare Corp.,

A: holding misrepresentation claim to be preempted
B: holding that plaintiffs statelaw claim was completely preempted under federal statute even though relief soughtan injunctionwas not available under the federal statute
C: holding that a claim under a louisiana antisubrogation statute could be characterized as a claim under erisa  502a1b because the plaintiffs benefits are under something of a cloud for the insurer is asserting a right to be reimbursed for the benefits it has paid to his account
D: holding a claim under a maryland antisubrogation statute to be completely preempted
D.