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16 results found

Article

Arent Fox LLP | USA | 22 Jan 2019

Eighth Circuit Strikes Down Cross-Plan Offsetting

In a long-awaited opinion, the Eighth Circuit Court of Appeals struck a blow to UnitedHealth Group. Inc.’s (“United”) sweeping overpayment recovery

Article

Arent Fox LLP | USA | 26 Jul 2018

Third Circuit Declares Plans May Restrict Providers' ERISA-Assignee Rights

The Third Circuit recently affirmed the enforceability of “anti-assignment” provisions in ERISA health plan documents. These provisions are designed

Article

Arent Fox LLP | USA | 27 Jun 2018

Fifth Circuit: Complaints Seeking Plan Benefits Need Not Quote Provisions, Especially When Insurers Refuse to Provide Documents

The Fifth Circuit recently held that plaintiffs seeking benefits, under plans governed by the Employee Retirement Income Security Act of 1974 and

Article

Arent Fox LLP | USA | 21 May 2018

Medical Providers Beware: Ninth Circuit Says Plan Had No Duty to Disclose Anti-Assignment Provision Barring Provider’s ERISA Claims

In a recent decision, Eden Surgical Center v. Cognizant Technology Solutions Corporation et al., No. 2:15-cv-01633-RGK-E (Apr. 26, 2016), the US Court

Article

Arent Fox LLP | USA | 5 Apr 2018

Second Circuit Decision Warns Plan Administrators to Strictly Adhere to ERISA Regulations & Plan Terms

Health plans and administrators subject to the Employee Retirement Income and Security Act have been warned: failure to comply with ERISA’s procedural

Article

Arent Fox LLP | USA | 16 Mar 2018

The Fifth Circuit Takes a Fresh Look at ERISA Benefit Claims Review Standard

In a recent 8-6 en banc decision, Ariana M. v. Humana Health Plan of Texas, Inc., No. 16-20174, 2018 WL 1096980 (5th Cir. Mar. 1, 2018), the Fifth

Article

Arent Fox LLP | USA | 7 Jun 2017

Church-Affiliated Benefit Plans Exempt from ERISA: What the Supreme Court’s Ruling Means for Healthcare Providers

The Supreme Court issued a stunning ERISA decision on Monday, overturning the law in the three federal circuits as to what constitutes a “church

Article

Arent Fox LLP | USA | 6 Jun 2017

Church-Affiliated Hospital Pension Plans Exempt from ERISA’s Requirements

The Supreme Court issued a stunning ERISA decision on Monday, overturning the law in the three federal circuits as to what constitutes a "church plan"

Article

Arent Fox LLP | USA | 19 May 2017

Fourth Circuit: An Imprudent ERISA Fiduciary Avoids Liability if a Prudent Fiduciary Would Have Reached the Same Decision

As a case that has lasted fifteen years reaches its likely conclusion, the Fourth Circuit Court of Appeals has clarified the “loss causation”

Article

Arent Fox LLP | USA | 13 Oct 2015

Medical providers: how not to state an ERISA claim

On October 1, 2015, the Court of Appeals for the Seventh Circuit issued a decision holding that in-network chiropractors were limited to the remedies

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