By Thomas Hardy and Martin Bishop ( October 3, 2019, 5:54 PM EDT) -- In Dialysis Newco Inc. v. Community Health Systems Inc. Group Health Plan et al.,[1] the U.S. Court of Appeals for the Fifth Circuit held that the Employee Retirement Income Security Act expressly preempts a Tennessee statute that barred anti-assignment clauses in insurance policies, as applied to the self-funded benefit plan at issue. Importantly, the court distinguished a previous decision that many viewed as establishing that such statutes are not preempted....
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