5th Circ. Won't Revisit Ruling Nixing Tenn. Benefits Law

Law360 (October 11, 2019, 1:45 PM EDT) -- A Fifth Circuit panel has declined to upend its decision that the Employee Retirement Income Security Act trumps a Tennessee law making it easier for physicians to sue insurance companies over disputed medical bills.

In an order Thursday, the three judges rejected a rehearing petition from Dialysis Newco Inc., which had asked the court in September to reconsider striking down the Tennessee law.

The dialysis provider had relied on the law to sue Community Health Systems Inc. and its claim administrator, MedPartners Administrative Services LLC, for payments on behalf of a patient under ERISA.

But the Fifth Circuit held in September...

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