3rd Circuit Panel:  Health Care Contract, Estoppel Claims Avoid ERISA Preemption

Mealey's (July 20, 2020, 2:07 PM EDT) -- PHILADELPHIA — An out-of-network medical provider’s breach of contract and promissory estoppel claims are adequately pleaded and avoid preemption under the Employee Retirement Income Security Act, but its unjust enrichment claim requires the court to rely on the plan and may not proceed, a Third Circuit U.S. Court of Appeals panel said July 17 in deciding for the first time what right to recovery out-of-network providers have (The Plastic Surgery Center P.A. v. Aetna Life Insurance Co., No 18-3381, The Plastic Surgery Center P.A. v. Aetna Health Inc., No. 18-3556, 3rd Cir., 2020 U.S. App. LEXIS 22274)....