ERISA Preempts State Claims, Exhaustion Requirement Dooms Suit, Judge Says

Mealey's (January 19, 2021, 8:53 AM EST) -- CENTRAL ISLIP, N.Y. — Preemption under the Employee Retirement Income Security Act, anti-assignment provisions in the relevant health insurance plans and the failure to exhaust administrative remedies bar a surgery provider’s claims, a federal judge in New York said Jan. 4 in granting in part an insurer’s motion to dismiss....