United Healthcare Pulled Back Into Emergency Doctors’ Fee Case

March 4, 2021, 9:28 PM

Three Arizona emergency physician practices are getting a second chance to recover higher payments for out-of-network services provided to patients insured by United Healthcare Inc. after an appeals court determined that federal benefits law doesn’t bar the lawsuit.

The Employee Retirement Income Security Act preempts a state-law claim altogether if the plaintiff could have brought that claim under the federal law and there is no other independent legal duty implicated by the defendant’s actions, the U.S. Court of Appeals for the Ninth Circuit said.

The lawsuit filed by Emergency Group of Arizona PC, Emergency Physicians Southwest PC, and Chase Dennis...

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