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Ninth Circuit Rules Assignee Health Care Providers May Sue Health Plans Under ERISA for Payment of Benefits
Littler 
Dec. 3, 2014 "Although the clinic could bring suit for denied benefits, the Ninth Circuit held that the scope of the patients' assignment did not encompass claims for breach of fiduciary duty. The court found that language stating, 'this is a direct assignment of my rights and benefits under this policy,' with no specific reference to breach of fiduciary duty claims, was insufficient to demonstrate that patients intended to assign their rights to bring suit for breach of fiduciary duty." [Spinedex Physical Therapy USA Inc. v. United Healthcare of Arizona, Inc., No. 12-17604 (9th Cir. Nov. 5, 2014)] |
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