Appeals Court: Plan Bars Rights Assignment; ERISA Preempts Tennessee Health Law

Mealey's (September 13, 2019, 1:47 PM EDT) -- NEW ORLEANS — A district court erred in finding ambiguous an anti-assignment provision in an Employee Retirement Income Security Act plan and that Tennessee law making insurers liable to third-party providers necessarily implicates the plan and is preempted, a panel of the Fifth Circuit U.S. Court of Appeals held Sept. 11 (Dialysis Newco Inc., et al. v. Community Health Systems Group Health Plan, et al., No. 18-40863, 5th Cir., 2019 U.S. App. LEXIS 27418)....