Health Providers Press For ERISA Shield In Insurance Brawls

Law360, New York (July 10, 2013, 6:01 PM ET) -- Insurance companies are increasingly fighting to claw back allegedly improper payments to health care practitioners, triggering a wave of litigation that has the Obama administration and plaintiffs firms pushing courts to let providers use a federal benefit law to cripple recoupment claims.

At issue is whether efforts to recover money should be viewed as addressing improper billing or denying benefits. If it's the former, insurers have wide berth to act decisively, and providers would face a taller task in challenging payment policies. If it's the latter, insurers...
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Case Information

Case Title

Sanctuary Surgical Centre, Inc. et al v. United Healthcare, Inc. et al

Case Number

9:10-cv-81589

Court

Florida Southern

Nature of Suit

Labor: E.R.I.S.A.

Judge

Daniel T. K. Hurley

Date Filed

December 15, 2010


Case Title

Pennsylvania Chiropractic Association et al. vs. Blue Cross Blue Shield Association et al.

Case Number

1:09-cv-05619

Court

Illinois Northern

Nature of Suit

791(Labor: E.R.I.S.A.)

Judge

Honorable Matthew F. Kennelly

Law360 Coverage

Date Filed

September 10, 2009


Case Title

Blue Cross & Blue Shield of Rhode Island v. Korsen et al

Case Number

1:09-cv-00317

Court

Rhode Island

Nature of Suit

Labor: E.R.I.S.A.

Judge

Ronald R. Lagueux

Date Filed

July 17, 2009


Case Title

PREMIER HEALTH CENTER, P.C. et al v. UNITEDHEALTH GROUP et al

Case Number

2:11-cv-00425

Court

New Jersey

Nature of Suit

Labor: E.R.I.S.A.

Judge

Esther Salas

Law360 Coverage

Date Filed

January 24, 2011


Case Title

Tri3 Enterprises, LLC v. Aetna, Inc. et al

Case Number

3:11-cv-03921

Court

New Jersey

Nature of Suit

Labor: E.R.I.S.A.

Judge

Michael A. Shipp

Date Filed

July 8, 2011

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