Judge: Surgery Provider’s Reimbursement Claims Implicate ERISA, Are Preempted

(February 14, 2019, 5:09 PM EST) -- TRENTON, N.J. — Because all of a surgery provider’s allegations flow through an Employee Retirement Income Security Act-governed plan, its claims seeking reimbursement are preempted and must be dismissed, a federal judge in New Jersey held Jan. 23 (Atlantic Shore Surgical Associates v. United Healthcare/Oxford, et al., No. 18-9506, D. N.J., 2019 U.S. Dist. LEXIS 14413)....

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