Mealey's (February 12, 2020, 11:12 AM EST) -- MIAMI — A federal magistrate judge in Florida on Feb. 3 recommended denying a plastic surgery office’s motion to dismiss counterclaims brought by an insurer that claims that the office submitted fraudulent bills to recover facility fees that it was not entitled to, holding that the insurer’s claims are not preempted by the Employee Retirement Income Security Act because it is not a fiduciary under the statute and that the counterclaims are not barred by the independent tort doctrine (Miami Beach Cosmetic and Plastic Surgery Center Inc. v. United Healthcare Insurance Co., No. 19-cv-23614, S.D. Fla., 2020 U.S. Dist. LEXIS 21456)....