Judge:  Patient Properly Sued; No Evidence Of ERISA Rights Assignment

Mealey's (September 21, 2022, 12:32 PM EDT) -- GALVESTON, Texas — Absent evidence that a patient assigned Employee Retirement Income Security Act rights to an out-of-network provider, the law does not preempt contract claims, Texas law appears to provide an independent basis for the suit and while a gray area, there does not appear to be anything stopping the provider from suing its patient for the balance, a federal judge in Texas said in granting remand....