Judge: As Pleaded, COVID-Testing Lab’s Reimbursement Claims Preempted By ERISA

Mealey's (March 9, 2023, 1:54 PM EST) -- NEWARK, N.J. — In a lawsuit brought by a medical testing laboratory seeking reimbursement for COVID-19 testing from a group of health insurers, a New Jersey federal court granted the insurers’ motion to dismiss with leave to amend five of the counts, ruling that there was either no private right of action for reimbursement or the claims were preempted by the Employment Retirement Income Security Act, and denied a motion to dismiss one of the defendants from the complaint....