Texas Federal Judge Denies Parties’ Motions To Reconsider ERISA Preemption Ruling

(February 16, 2017, 10:00 PM EST) -- HOUSTON — A Texas federal judge on Feb. 6 denied motions to reconsider a Sept. 28 ruling that the breach of contract claims of an out-of-network hospital that Cigna Healthcare allegedly underpaid by using flawed data to calculate usual, customary and reasonable rates to reimburse out-of-network and emergent care services are preempted by the Employee Retirement Income Security Act (North Cypress Medical Center Operating Company, et al. v. Cigna Healthcare, et al., No. 4:09-cv-2556, S.D. Texas; 2017 U.S. Dist. LEXIS 16076)....