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Third Circuit Finds Anti-Assignment Provision Does Not Prevent the Grant of Power of Attorney
The Wagner Law Group July 30, 2018 "Noting that other jurisdictions have upheld anti-assignment clauses, the Third Circuit agreed that the plan's anti-assignment clause was valid. However, it noted that assignments and powers of attorney differ in important aspects An assignment transfers ownership of a claim to the provider, giving it standing to assert those rights and to sue on its own behalf. A power of attorney, on the other hand, does not transfer an ownership interest in the claim." [American Orthopedic & Sports Medicine vs. Independence Blue Cross Blue Shield, No. 17-1663 (3d Cir. May 16, 2018)] |
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