Majority Says Dialysis Provider Was Properly Assigned Rights To Bring ERISA Claim

Mealey's (October 16, 2020, 12:33 PM EDT) -- CINCINNATI — The majority of the Sixth Circuit U.S. Court of Appeals on Oct. 14 reversed a district court’s ruling that a health insurance administrator’s decision to make all dialysis companies out-of-network providers does not violate the Medicare Secondary Payor Act (MSPA) and found that the provider’s assignment of rights form clearly conferred a right on the provider to bring a claim for unpaid benefits under the Employee Retirement Income Security Act (DaVita Inc., et al. v. Marietta Memorial Hospital Employee Health Benefit Plan, et al., No. 19-4039, 6th Cir., 2020 U.S. App. LEXIS 32398)....