8th Circ. Awards Blue Cross Win In Air Ambulance Bill Suit

By Emily Brill (March 20, 2020, 8:32 PM EDT) -- An Eighth Circuit panel handed Blue Cross Blue Shield of North Dakota a win Friday in a case challenging the way the insurer reimburses air ambulance flights, ruling that the company didn't violate federal law by saddling a North Dakota couple with $26,000 in medical costs.

The three-judge panel ruled that BCBSND didn't breach its fiduciary duty under the Employee Retirement Income Security Act by covering just 20.4% of the cost of Melissa Mitchell's 2014 medical flight.

"Even if the Mitchells are correct that a plan administrator might nonetheless violate its fiduciary duties if it set a reimbursement rate so low...

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