After reviewing the record in this case and considering the briefs of the parties and arguments of counsel we are satisfied that the district court correctly concluded that plaintiffs’ entire claim is preempted under ERISA. See Aetna v. Davila, 542 U.S. 200, 124 S.Ct. 2488, 159 L.Ed.2d 312(2004).

On the merits we conclude that the district court correctly dismissed the ERISA claim because Medicaid paid for the surgery and related medical care which was the subject of Bertrand’s ERISA benefits claim. Bertrand’s right to seek recovery of ERISA benefits for cost of medical care incurred after the judgment entered by the district court which may not be paid by Medicaid is preserved.

AFFIRMED.