Justice Dismisses Providers’ Compensation Claims As Preempted, Unfounded

Mealey's (March 1, 2023, 2:24 PM EST) -- NEW YORK — Because an out-of-network provider’s state law action seeking additional compensation from an insurer relates to Employee Retirement Income Security Act plans, it is preempted, and the agreement letters sent to insureds approving out-of-network treatment do not form a basis for a contract claim, a New York justice said in two slip opinions granting a motion to dismiss....