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Text of Fifth Circuit Opinion: State Statute Requiring Plan to Honor Assignments Is Preempted by ERISA (PDF)
U.S. Court of Appeals for the Fifth Circuit Sept. 13, 2019 "The anti-assignment clause at issue here articulates that the assignment of legal rights is prohibited in no less than five different ways ... An average plan participant would understand that language to mean exactly what is says ... [A] state statute requiring plan administrators to honor assignments made to third-party healthcare providers would necessarily 'relate to' the administration of those plans.... [We] hold that that [the Tennessee statute] is preempted by ERISA, and that the district court erred in reaching a determination to the contrary." [Dialysis Newco Inc. v. Community Health Systems Group Plan, No. 18-40863 (5th Cir. Sept. 11, 2019)] |
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