Federal law does not supply a statute of limitations for a claim seeking equitable relief under ERISA, 29 U.S.C. 1132(a)(3), and therefore federal courts borrow the limitations period of the state-law cause of action to which...more
In Mitchell v. Blue Cross Blue Shield of N.D., 2020 U.S. App. LEXIS 8818 (8th Cir. Mar. 20, 2020), the Eighth Circuit upheld the payment of 150% of Medicare rates for an out-of-network air ambulance flight, although the...more
Seeking to control healthcare costs, many group health plans have adopted amendments that lower reimbursement rates for the treatment of end-stage renal disease ("ESRD"), which requires long-term dialysis treatment or a...more
2/10/2020
/ Amended Group Benefits ,
Appeals ,
Benefit Plan Reimbursements ,
Dialysis Providers ,
Disparate Impact ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
ESRD ,
Federal Rule 12(b)(6) ,
Medical Reimbursement ,
Medicare ,
Medicare Secondary Payer Act ,
Motion to Dismiss ,
Non-Discrimination Rules ,
Out of Network Provider ,
Private Right of Action