Judge: State Law Claims Survive ERISA; ACA Lacks Private Right Of Action

Mealey's (October 1, 2021, 1:49 PM EDT) -- TRENTON, N.J. — The Employee Retirement Income Security Act does not preempt state law claims based on an insurer’s alleged promise to pay for acute care, but there is no evidence that the Patient Protection and Affordable Care Act (ACA) created a private right of action to enforce alleged violations of its essential benefits provision, a federal judge in New Jersey said Sept. 29....