Judge Says Pre-Authorization Communications All ‘Relate To’ ERISA Plan

Mealey's (March 2, 2023, 2:00 PM EST) -- PRINCETON, N.J. — Pre-authorization communications between a surgical provider and an insurer didn’t involve separate and independent promises to pay but instead related to payment under the terms of the insured’s Employee Retirement Income Security Act plan, and claims for alleged underpayment are preempted by ERISA, a federal judge in New Jersey said in granting a motion to dismiss....