Judge Finds Anti-Assignment Clause Puts Health Care Insurance Spat Outside ERISA

(September 13, 2017, 1:22 PM EDT) -- NEWARK, N.J. — A health insurance plan’s provision barring insureds from assigning rights leaves a provider pursuing its individual right to payment under state law and precludes removal and preemption under the Employee Retirement Income Security Act of 1974, a federal judge in New Jersey held Sept. 11 (Progressive Spine & Orthopaedics LLC v. Anthem Blue Cross Blue Shield, No. 17-536, D. N.J., 2017 U.S. Dist. LEXIS 147466)....

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