Judge: No Private Right Of Action Under CARES Act For COVID Testing Reimbursement

Mealey's (June 28, 2022, 10:17 AM EDT) -- SAN FRANCISCO — A California federal court on June 23 granted a medical insurer’s identical motions to dismiss for failure to state a claim five separate complaints brought by a health care provider seeking full reimbursement for COVID testing services originally filed in small claims court and removed to federal court by the insurer, holding that the Coronavirus Aid, Relief, and Economic Security (CARES) Act did not provide a private right of action to health care providers, but allowing the provider to amend its complaint to bring claims under the Employee Retirement Income Security Act....