Federal Court Ruled for Aetna: ERISA Pre-empts PPO Doctor’s PPO and TX Prompt Pay Claims
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ERISAclaim.com is now offering webinars to examine the new federal court decision handed on
“To make this billion dollar question a no-brainer for all PPO providers, federal law ERISA controls claim coverage determination or rights of payment for 'how much money' first, then PPO contract controls only PPO discount and provider-PPO relationship. Only when there is no coverage dispute at all, PPO discount then kicks in,” says Dr.
“Obviously,
The court case info: Markey v.
According to the Court document, the following is the case factual background:
“On
The Court explains how to decide on PPO or ERISA:
“Thus, whether a federal question exists in this case, and thus whether this Court has jurisdiction, will turn on whether at least one of Plaintiff's claims involves a coverage determination.”
The Court finds facts for ERISA rather than PPO:
“In the second spreadsheet, Plaintiff lists a claim that was completely denied by Defendant. Specifically, Plaintiff claims that on
The Court concluded for Aetna, federal law ERISA pre-empts the plaintiff’s state law PPO and prompt pay claims:
“Here, Plaintiff has alleged a cause of action that falls within ERISA's enforcement scheme and, as a result, ERISA preempts the state claim. Consequently, although Plaintiff pled his claim under state law, the claim is "necessarily federal in character" and this Court has jurisdiction.”
In addition, the Court also finds for Aetna on timely removal to federal court claim.
“What does this Court decision really mean to all providers? If a provider wants a prompt and rightful payment from an ERISA plan, he/she must comply with ERISA first, then state law or PPO contract second. All state prompt pay laws are powerless or useless for ERISA plans,” explained 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
Dr.
For any questions, please contact Dr.
Read the full story at http://www.prweb.com/releases/2012/3/prweb9260409.htm
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