9th Circuit Reverses ERISA Preemption Ruling In Reimbursement Suit

Mealey's (March 8, 2021, 11:59 AM EST) -- PHOENIX — A Ninth Circuit U.S. Court of Appeals panel on March 3 reversed a trial court’s ruling that out-of-network emergency medical providers’ state law claims challenging reimbursement rates were preempted by the Employee Retirement Income Security Act, finding that the preemption argument failed one of two prongs established in Aetna Health Inc. v. Davila, and remanded with instructions to send the case back to state court....

Attached Documents

Related Sections