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Text of DOL Amicus Brief in Case of Medical Provider Challenging Health Care Insurer's Denial of Benefits Under ERISA Plan
Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL] 
Dec. 10, 2012
"[T]here is no reverse preemption under ERISA. Assuming, therefore, that Aetna can pursue an action against Tri3 for reimbursement on a common law fraud or wrongful payment theory without the action being preempted by ERISA, when an unresolved issue of plan interpretation lies at the heart of the dispute, it does not follow that Tri3's ERISA action fails to establish subject-matter jurisdiction or requires dismissal in anticipation of Aetna's hypothetical state-law cause of action. The district court was wrong to hold otherwise."
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