HealthLawProf Blog

Editor: Katharine Van Tassel
Concordia University School of Law

Tuesday, January 25, 2005

State Prompt Pay Claims Not Pre-empted by ERISA

From Mealey & Lexis:

NEW YORK — Because a hospital’s state law claim seeking to recover payment at an undiscounted rate after a patient’s preferred provider failed to pay the discounted amount on time does not seek to redress violations of rules that the Employee Retirement Income Security Act’s civil enforcement provisions are designed to remedy, remand to state court is proper, a New York federal judge held on Jan. 6 (NYU Hospitals Center-Tisch v. Local 348 Health and Welfare Fund, No. 04 Civ. 6937, S.D. N.Y.; 2005 U.S. Dist. LEXIS 256 (requires paid subscription)).  [tm]

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