Providers See Right Of Action In Texas Emergency Care Laws, No ERISA Preemption

Mealey's (August 16, 2021, 1:31 PM EDT) -- HOUSTON — “Shall pay” language in Texas emergency care laws creates a payment requirement, and precedent shows that merely increasing an insurer’s cost through legally imposed reimbursement rates does not implicate Employee Retirement Income Security Act preemption, providers told the Fifth Circuit U.S. Court of Appeals Aug. 13 in arguing for affirmance or certification of the question to the Texas Supreme Court....