Judge: ERISA Permits Cross-Plan Offsetting; Murky Record Precludes Judgment

Mealey's (December 4, 2020, 1:27 PM EST) -- NEW ORLEANS — Neither recent case law nor the Employee Retirement Income Security Act precludes cross-plan offsetting of debts an insurer discovered in post hoc audits, a federal judge in Louisiana on Dec. 1 said in a wide-ranging opinion, but he found that the lack of clear record precluded him from granting judgment (Omega Hospital LLC v. United Healthcare Services Inc., et al., No. 16-560, M.D. La., 2020 U.S. Dist. LEXIS 224996)....