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Out-of-Network, Out of Luck? Growing Body of Case Law Says 'No'
K&L Gates, LLP
May 28, 2015
"While ERISA preemption in some cases may allow insurers to delay reimbursement, it is not an impediment to a provider's ability to obtain full and fair reimbursement ... [E]ven the presence of an anti-assignment clause is not, in and of itself, dispositive of the standing issue.... [C]ourts have recognized a number of exceptions to the exhaustion requirement[.]"
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