Tag Archives: ERISA

Medicare Advantage Plan Arbitration Clauses Preempted by Medicare Appeals Process

Photo of Robert M. WolinBy Robert M. Wolin on Posted in Uncategorized
The Arizona Supreme Court, in an interesting case involving a Medicare-related coverage dispute between a Medicare Advantage plan administrator, United Behavioral Health (UBH), and two inpatient psychiatric care providers, held that the Medicare administrative appeals process preempts the arbitration language contained in the UBH provider agreements. The court also remanded the case back to the … Continue Reading

Second Circuit Finds Member Associations Have Standing to Bring Claims on Behalf of Members

Photo of Joel D. GottesmanBy Joel D. Gottesman on Posted in Uncategorized
Last month the Second Circuit Court of Appeals reversed the U.S. District Court’s decision to deny the New York State Psychiatric Association (NYSPA) standing in its claim against UnitedHealth Group and related entities (UnitedHealth).  In doing so, the court opened the doors for member associations to bring claims on behalf of its members for violations … Continue Reading
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