Preapproval Allegations Keep Provider’s State Law Claims Against Insurer Alive

Mealey's (January 13, 2022, 1:20 PM EST) -- TRENTON, N.J. — A health insurer’s preapproval of surgeries and alleged promise to pay out-of-network rates largely support a provider’s state law claims, which are based on independent obligations that would at most require cursory examination of the plans and escape preemption under the Employee Retirement Income Security Act, a federal judge in New Jersey said Jan. 12 in denying in part and granting in part a motion to dismiss....