Federal Court Does Not Have Removal Jurisdiction Over Provider's Claim

Federal Court Does Not Have Removal Jurisdiction Over Provider's Claim

PHILADELPHIA - A hospital lacked standing as a participant or a beneficiary to bring a claim for benefits under Employee Retirement Income Security Act Section 502(a); therefore, the hospital's breach of contract claim against the sponsor and third-party claims administrator of a medical plan for failure to pay for medical services rendered on behalf of a plan participant were not completely preempted, a federal judge in Pennsylvania ruled May 2 in remanding the case to state court (Tenet Health System Philadelphia, Inc. v. Diversified Administration Corporation, et al.,  No. 07-4948, E.D. Pa.; 2012 U.S. Dist. LEXIS 61395).

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