An out-of network provider has standing to pursue its ERISA claims to recover unpaid benefits against Horizon Healthcare Services Inc., the U.S. District Court for the District of New Jersey ruled (Garden State Pain & Radiology, PC v. Horizon Healthcare Servs., Inc., 2016 BL 23774, D.N.J., 2:15-cv-02878, unpublished 1/28/16).
In denying in part Horizon’s motion to dismiss, Judge Katharine S. Hayden ruled Jan. 28 in an unpublished decision that the assignment of benefits to one of the providers was sufficient to give it standing to bring a lawsuit to recover unpaid benefits under the Employee Retirement Income ...
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