Insurer:  Right Of Action Lacking, ERISA Preempts Emergency Care Suit

Mealey's (June 16, 2021, 8:42 AM EDT) -- HOUSTON — A district court stands alone in finding an implied private right of action in Texas’ emergency care law, but should one exist, the Employee Retirement Income Security Act preempts the claims of out-of-network health care providers seeking compensation in excess of plan guidelines, an insurer told the Fifth Circuit U.S. Court of Appeals June 14....