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11th Circ. Pushback Against Ga. Prompt Pay Statute

Law360, New York (June 2, 2014, 12:22 PM EDT) -- Since the 1990s, all 50 states have enacted prompt pay statutes, which require insurance companies to pay within strict time periods under threat of penalties, fees or other remedies. Disputes continue to arise about to what extent the Employee Retirement Income Security Act preempts state prompt pay statutes.[1] Most recently, in America's Health Insurance Plans v. Hudgens, the Eleventh Circuit held that ERISA preempts a Georgia law requiring self-funded health plans to pay submitted claims within 15 business days and enjoined Georgia Insurance Commissioner Ralph T. Hudgens from enforcing such "prompt pay" law....

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