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ERISA Does Not Bar Medical Providers from Enforcing Health Plans' Payment Promises Under State Law
Arent Fox
Sept. 14, 2020 "Medical providers treating patients covered by ERISA-governed health plans on an out-of-network basis can assert state-law claims to hold plans to their payment promises without running afoul of ERISA's preemption provision ... So held the Third Circuit ... reversing the trial court's dismissal of a provider's state law claims for breach of contract and promissory estoppel.... [M]edical providers with claims arising from insurers' broken promises to pay set rates for specific treatments need not shy away from pleading these claims under applicable state law." [The Plastic Surgery Center, P.A. v. Aetna Life Ins. Co., No. 18-3381 (3d Cir. Jul. 17, 2020)] MORE >> |
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