Mealey's (January 27, 2021, 2:16 PM EST) -- HOUSTON — No contract exists between an out-of-network provider group and an insurer, but Texas law mandating arbitration before the filing of any lawsuit by an out-of-network provider seeking “usual and customary” reimbursement for emergency care recognizes a private right of action and avoids Employee Retirement Income Security Act preemption, a federal judge in Texas said Jan. 22 while largely denying a motion to dismiss....