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Third Circuit: Provider's Out-of-Network Claims Not Preempted by ERISA
Health Law Advisor, Epstein Becker Green 
July 27, 2020 "In an issue of first impression, the Third Circuit addressed the question of what remedies are available to an out-of-network provider when an insurer initially agrees to pay for the provision of out-of-network services, and then breaches that agreement.... The panel reasoned that state law claims were not related or connected to the patients' ERISA benefit plans because the Plastic Surgery Center did not participate in Aetna's provider network." [The Plastic Surgery Center, P.A. v. Aetna Life Ins. Co., No. 18-3381 (3d Cir. Jul. 17, 2020)] |
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