Assignee: Contract Claims Survive Preemption; Fee Forgiveness Evidence Lacking

Mealey's (April 20, 2023, 1:14 PM EDT) -- SANTA ANA, Calif. — State law claims alleging that an insurer made payment promises escape preemption under the Employee Retirement Income Security Act, the insurer produced next to no evidence for why it believed the provider was conducting a fee forgiveness scheme and the company’s contention that the majority of the 106 plans at issue were self funded suggests that at least some were fully funded, an assignee tells the Ninth Circuit U.S. Court of Appeals in an opening brief....