In an important win for healthcare providers, on July 17, 2020, the Third Circuit determined in a published opinion that an out-of-network provider’s direct claims against an insurer for breach of contract and promissory estoppel are not pre-empted by ERISA. In Surgery Ctr., P.A. v. Aetna Life Ins. Co.[1] In an issue of first impression, the Third Circuit addressed the question of what remedies are available to an out-of-network provider when an insurer initially agrees to pay for the provision of out-of-network services, and then breaches that agreement.
This case arose because two patients—identified as J.L. and D.W.—required medical procedures that were not available in-network through Aetna. J.L. needed bilateral breast reconstruction surgery following a double mastectomy and D.W. required “facial reanimation surgery,” which the Third Circuit describes as “a niche procedure performed by only a handful of surgeons in the United States.” Neither J.L. nor DW had out-of-network coverage for these procedures. D.W.’s plan also contained an “anti-assignment” clause, which would have prevented D.W. from assigning his or her rights under the plan to the Plastic Surgery Center, P.A.
Blog Editors
Recent Updates
- U.S. Judicial Conference Aims to Curb "Judge Shopping": New Guidance Promoting Random Civil Case Assignments
- Insignificant Harm Not So Insignificant in Proving Title VII Transfer Violation - SCOTUS Today
- Today’s Argument Was More Consequential Than Issued Opinions - SCOTUS Today
- Supreme Court Underscores Limited Applicability of Rule 10b-5(b) Omissions Claims
- Unanimity Among Justices Rules the Day - SCOTUS Today