02/02/2012 10:46:48 AM EST
Federal Court Has Jurisdiction Over ERISA Reimbursement Lawsuit
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LexisNexis® Mealey's™ Daily Legal News
PEORIA, Ill. - An out-of-network medical services provider has a colorable claim to benefits as an appointed representative under the terms of a health plan covered by the Employee Retirement Income Security Act, a federal judge in Illinois ruled Jan. 27, holding that whether the representation agreement between the plan participant and the medical provider violated the plan's anti-assignment provision was not relevant in determining subject matter jurisdiction (OSF Healthcare System v. Marcone Appliance Parts Company Employee Benefit Plan, et al., No. 11-cv-1202, C.D. Ill.; 2012 U.S. Dist. LEXIS 10156).
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