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Out-of-Network ERISA Claims: Identifying Provisions Subject to Provider Challenge


Jan. 27, 2021
Recorded Online

This CLE webinar will provide counsel with a thorough and practical guide to pursue out-of-network payment claims under ERISA and state law theories. The panel will outline the conditions under which providers generally succeed in obtaining reimbursement for out-of-network claims under Section 502(a)(1)(B) and offer guidance on what factors to consider in pursuing or defending a claim. The program will also highlight efforts by out-of-network providers to assert claims that fall outside the scope of ERISA.


Reimbursement disputes between healthcare providers and out-of-network providers have increased sharply in recent years. These disputes involve critical legal and practical considerations that counsel must have a full understanding of to handle out-of-network payment claims under ERISA effectively.

Section 502(a)(1)(B) claims arise when health plan fiduciaries or administrators deny a claim for benefits that the plaintiff alleges are due under the healthcare plan. Multiple lawsuits challenging the billing and payment practices between out-of-network providers and health insurers emphasize the need for plans to include unambiguous anti-assignment language in health plan documents and summary plan descriptions to avoid or limit out-of-network claims, and for medical providers to enter strong assignment and personal representative agreements with their patients and to engage in a fulsome benefit verification process with payors.

ERISA counsel needs a clear understanding of plan language provisions and other factors that will render out-of-network payment denials subject to a successful challenge by providers.

Listen as our experienced panel provides a practical guide to challenges to out-of-network denials under ERISA and offers practical techniques for pursuing claims.


  1. Challenges to denial of out-of-network payments based on fee-forgiveness provisions
  2. Recent cases and key arguments raised in the pursuit of out-of-network claims
  3. Bad faith claims in network negotiations as a factor in denying out-of-network reimbursement claims
  4. Factors for plaintiff counsel to consider in pursuing claims under ERISA Section 502(a)(1)(B)

The panel will review these and other key issues:

  • What is the impact of fee forgiveness provisions in plan documents on out-of-network reimbursement claims?
  • What other factors can lead to successful challenges of out-of-network claim denials by carriers?
  • What is the anticipated impact of recent court decisions on payors' out-of-network policies?

More Information, How to Register

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