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Assignment of Benefits Does Not Preclude Provider from Suing on State Law Theories
Health Plan Law 
[Guidance Overview] June 12, 2008
Excerpt: N. Utah Healthcare v. BC Llife provides further support for the view that health care providers may sue in state court for reimbursement. In this case, the provider had taken an assignment of benefits - one of the indicia that may support ERISA preemption - but the court found this fact unimpressive in the overall evaluation of the preemption defense.
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