Out-Of-Network Surgery Provider’s Reimbursement Suit Preempted, Judge Says

(October 16, 2018, 1:16 PM EDT) -- TRENTON, N.J. — While brought under state law claims, a surgery provider’s action seeks reimbursement from an ERISA plan, and the fact that a court may have to only quickly reference that plan does not prevent preemption, a federal judge in New Jersey held Sept. 26 (The Plastic Surgery Center, P.A. v. Aetna Life Insurance Co., No. 17-13467, D. N.J., 2018 U.S. Dist. LEXIS 166514)....

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