Case: Health Care & Benefits/Preemption (E.D.N.Y.)

Aetna’s motion to dismiss out-of-network Neurological Surgery P.C.'s ERISA and New York state law action alleging underpayment or denial of payment for medically necessary procedures was granted in part and denied in part by a federal district court in New York. The court remanded to New York state court 12 non-ERISA-related claims, dismissed two ERISA claims for which NS failed to allege that Aetna members assigned their reimbursement rights, and found NS lacked standing with respect to 110 ERISA claims based on Aetna’s non-waiver of valid anti-assignment provisions. And the court determined that NS failed to plead exhaustion of administrative ...