Blue Cross Says ERISA Doesn't Apply In Chiropractor Feud

Law360, Chicago (December 2, 2013, 9:40 PM EST) -- Independence Blue Cross squared off with chiropractors accusing its health plans of clawing back payments in violation of the Employee Retirement Income Security Act, arguing that the plaintiffs are not beneficiaries under ERISA, as a bench trial kicked off in Illinois federal court Monday.

Pennsylvania Chiropractic Association suit alleges IBC retroactively denied benefits for purportedly overpaid medical services without affording the chiropractors their notice and appeal rights under ERISA. Rather than monetary damages, PCA is seeking an injunction forcing the insurer to bring its post-payment auditing...
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