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Sixth Circuit Nixes Provider ERISA Suit
Squire Patton Boggs, via National Law Review June 29, 2016
"The more nuanced question became whether the provider had derivative standing under ERISA by virtue of the assignments of benefits. Blue Cross insisted that the assignment of benefit forms provided only for direct payment and therefore did not grant an assignment of rights sufficient to confer derivative standing.... [T]he Court found that the recoupment suit fell outside the scope of the assignments of benefit, and thus the provider was not entitled to any relief. This provider had a contract with Blue Cross and the Court found that its claims were more properly contractual, rather than arising from ERISA." [Brown v. BlueCross BlueShield of Tenn., No. 15-5739 (6th Cir. June 27, 2016)]
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