Guest Bear1 Posted August 10, 2006 Share Posted August 10, 2006 Does anyone know whether a participant in an ERISA welfare benefit plan who has validly assigned his benefits to a health care provider would be able to bring an action for benefits under 502(a)(1)(B) after the provider unsuccessfully did the same (in a case decided on the merits) (and within the time limit for bringing suit)? It would be a rare circumstance, and I imagine that the claim would be precluded (res judicata) on account of the provider/plan litigation. But I don't seem to be able to find any authority on this point. Link to comment Share on other sites More sharing options...
Guest mjb Posted August 14, 2006 Share Posted August 14, 2006 If the participant assigned his right to recovery to the provider what remaining rights would the participant have left to bring an action since the provider can only sue based upon the rights the participant had to payment? Link to comment Share on other sites More sharing options...
GBurns Posted August 14, 2006 Share Posted August 14, 2006 Why was the provider unsuccessful? Couldn't it be that they were unsuccessful because of a status issue? George D. Burns Cost Reduction Strategies Burns and Associates, Inc www.costreductionstrategies.com(under construction) www.employeebenefitsstrategies.com(under construction) Link to comment Share on other sites More sharing options...
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