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Managed Care Contract Gives Rise to 'Independent Legal Duty' Which Survives ERISA Preemption
Health Plan Law 
Nov. 1, 2007
Excerpt: [T]he United States District Court in Northeast Hosp. Authority v. Aetna Health Inc. ultimately added another decision to growing list of cases in which managed care contracts permit payment disputes between provider and health plan to survive ERISA preeemption. The contours of a successful argument for provider reimbursement are taken from the outline of critical factors set forth in AETNA Health, Inc. V. Davila 542 U.S. 200 (2004).
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