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Category: Health Insurance

Your ERISA Watch – Healthcare Providers Lack Standing Due to Enforceable Anti-assignment Clause in ERISA-governed Plans

This week’s notable decision is Howard Bloom, D.C. v. Independence Blue Cross et al., No. CV 14-2582, __F.Supp.3d__, 2018 WL 5275227 (E.D. Pa. Oct. 24, 2018), a case challenging the enforceability of anti-assignment clauses in ERISA-governed health insurance plans.  Unfortunately…

Your ERISA Watch – Circuit Courts Tackle Issues of First Impression and Preemption

Last week was quite a busy week with notable Circuit Court decisions.  In Hager v. DBG Partners, Inc., No. 17-11147, __F.3d__, 2018 WL 4258968 (5th Cir. Sept. 6, 2018), the court addressed an issue of first impression for the Fifth…

Your ERISA Watch – Sixth Circuit Rules That Indian Tribe Can Pursue Breach of Fiduciary Duty Claim Against Health Plan Administrator

This week’s notable decision is the Sixth Circuit’s most recent decision in Saginaw Chippewa Indian Tribe of Michigan v. Blue Cross Blue Shield of Michigan, No. 17-1932, __F’Appx__ (6th Cir. Aug. 30, 2018), one of many cases against BCBSM for…

Your ERISA Watch – Sixth Circuit Joins Sister Circuits: Denial of Plan Benefits Confers Standing Even If Not Billed Directly for Medical Services

This week I want to take a moment to highlight two decisions from the Sixth Circuit Court of Appeals.  Unfortunately, these opinions are not great for plan participants, except for a little nugget from Springer v. Cleveland Clinic Employee Health…

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