Texas Federal Judge: Medical Provider’s Claims Against Insurer Preempted By ERISA
Mealey's (October 4, 2016, 10:32 AM EDT) -- HOUSTON — A Texas federal judge on Sept. 28 ruled that the breach of contract claims of an out-of-network hospital that Cigna Healthcare underpaid the hospital by using flawed data to calculate usual, customary and reasonable rates to reimburse out-of-network and emergent care services are preempted by the Employee Retirement Income Security Act (North Cypress Medical Center Operating Company, et al. v. Cigna Healthcare, et al., No. 4:09-cv-2556, S.D. Texas; 2016 U.S. Dist. LEXIS 133154).