Hospital Failed To Exhaust Plan Remedies; Reimbursement Suit Dismissed

SALT LAKE CITY - A medical benefits plan is entitled to summary judgment on a hospital's claim for reimbursement under the Employee Retirement Income Security Act because the hospital's letters to the plan did not constitute an appeal of an adverse benefits determination and because the hospital's failure to exhaust its administrative remedies before filing suit was not excused, a federal judge in Utah ruled Nov. 27 (IHC Health Services, Inc. v. FCH1 LLC,  No. 2:11-cv-00657, D. Utah).

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