Judge: ERISA Doesn’t Preempt Health Care Provider’s State Law Contract Claims

(December 12, 2017, 11:22 AM EST) -- SAN DIEGO — Elimination of assignee rights claims leaves only state law claims alleging that a health insurer orally promised to pay for substance abuse treatments and then failed to fully compensate the provider for that treatment, a federal judge in California held Dec. 5 in finding Employee Retirement Income Security Act preemption inapplicable (Aton Center Inc. v. Blue Cross of California, et al., No. 17-852, S.D. Calif., 2017 U.S. Dist. LEXIS 200057)....