Case: Health Care & Benefits/Assignment of Benefits (S.D.N.Y.)

A federal district court in New York granted Oxford Health Plans (NY) Inc. and Oxford Health Insurance Inc.'s motion to dismiss Emsurgcare and Emergency Surgical Assistant’s ERISA action seeking payment of an employee’s out-of-network medical bill for emergency surgery. The court determined that Emsurgcare didn’t allege sufficient facts for it to determine that assignment of benefits occurred, or that the surprise bill exception to the plan’s anti-assignment clause applies.