Court Ruled Against BCBS PPO Hospital for Faulty ERISA Assignment, Even With A PPO Contract
| PR Web |
ERISAclaim.com offers new Executive Webinars to examine the new federal court decision on
The new Executive Webinars will provide in-depth evaluation of this new in-of-network litigation, and discuss practical solutions through proactive ERISA compliant assignments and appeals in accordance with applicable federal ERISA and PPACA laws for all healthcare providers.
“Most hospitals and providers are legally allergic to the federal ERISA law governing most commercial health claims, and have tried to avoid ERISA by joining a PPO or HMO network. This Court decision is a wake up call for all providers,” says Dr.
The court case info:
According to the Court document, the plaintiff PPO hospital argued that a PPO provider doesn’t need an ERISA assignment or otherwise has automatically obtained an ERISA Assignment from PPO contracting or participation:
“First, MUSC argues that the Plan implicitly assigned benefits to all network providers based on the payment structure laid out in the Plan, and therefore, MUSC did not even need the Consent Form to obtain derivative standing. Under the terms of the Plan, a participant need only pay the deductible to a network provider from whom he or she obtains medical services. The network provider is then required to file its claim for those services with the TPA. The Plan states that the network provider will receive the scheduled amount as payment in full for the medical services. The terms of the Plan indicate that generally some party other than the participant will reimburse the Plan for the claims. Defendants agree that MUSC is a network or preferred provider.”
The Court rejected plaintiff’s PPO ERISA Assignment argument and stated that ERISA assignment has to come from a patient, not Plan or PPO network:
“MUSC did not claim that it had standing as a third-party beneficiary of the Plan; nor could it have successfully pursued this argument. The only Circuit to squarely address this issue held that "ERISA does not countenance third-party beneficiary claims," and found, therefore, that a hospital could not have independent standing without an enforceable assignment from the participant. Dallas Cnty. Hosp. Dist. v. Assoc.'s Health & Welfare Plan, 293 F.3d 282, 289 (5th Cir. 2002). Thus, without a valid assignment from a beneficiary or a participant, MUSC could not have obtained derivative or direct standing.”
The Court also ruled for the self-insured ERISA plan because the plaintiff’s alleged ERISA assignment only covers an insurance policy not self-insured ERISA plan:
“Additionally, the Consent Form, which was prepared by MUSC, does not cover assignments to self-funded employee benefits plans. The Consent Form assigns benefits due under "any insurance policy." The assignment provides examples of types of coverage which would be assigned, all of which are types of insurance. Section 1144(b)(2)(B) of ERISA forbids states from deeming an employee benefits plan "to be an insurance company or other insurer . . . or to be engaged in the business of insurance." See also
However, the Court rejected ERISA plan’s anti-assignment argument:
“Because it is possible for a medical provider to acquire derivative standing through an assignment of benefits by a plan participant, MUSC's Complaint states a plausible claim for relief, and therefore, defendants' motion to dismiss is denied”.
Due to the lack of or faulty ERISA Assignment, the Court finally ruled for the self-insured ERISA plan:
“For the foregoing reasons, the court DENIES defendants' motion to dismiss, but GRANTS their motion for summary judgment.”
“This is how a PPO in-network hospital lost everything for avoiding or ignoring ERISA,” said Dr. Zhou.
To find out more about PPACA Claims and Appeals Compliance Services from ERISAclaim.com:
http://www.erisaclaim.com/products.htm
Located in a
For any questions, please contact Dr.
Read the full story at http://www.prweb.com/releases/2012/3/prweb9257573.htm
| Copyright: | (c) 2012 PRWEB.COM Newswire |
| Wordcount: | 886 |


Alleghany and Transatlantic Close Merger
Advisor News
- Retaining clients by giving them a memorable experience
- Addressing the longevity paradox
- Employers shift focus from retirement access to financial outcomes
- Helping widowed clients navigate their new financial reality
- Navigating client communication in a digital age
More Advisor NewsAnnuity News
- Farm Bureau P&C insurers post first underwriting gain since 2021
- Legacy Marketing, Malibu Life launch two fixed indexed annuities
- Changing client priorities are reshaping annuity conversations
- Solen Software acquires annuity software provider Cooperative Technologies
- MassMutual Expands Lending Options With New Secured Credit Line
More Annuity NewsHealth/Employee Benefits News
- Massachusetts Health Connector Kicks Off 2027 Open Enrollment
- Wyoming County employees to see changes to some insurance plans
- Reports Summarize Managed Care Study Results from Brown University (Litigating the No Surprises Act: How Legal Challenges Undermined Cost Containment and Reshaped Provider Payments): Managed Care
- Researchers from Geisinger Provide Details of New Studies and Findings in the Area of Managed Care and Specialty Pharmacy (Trends In Annual Medication Possession In Older Adults With Type 2 Diabetes): Drugs and Therapies – Managed Care and Specialty Pharmacy
- Job-Based Health Plan Costs Rise, With Little Relief in Sight
More Health/Employee Benefits NewsLife Insurance News