Insurers Lacked Discretion, Aren’t Party To ERISA Suit, Federal Judge Says

Mealey's (October 25, 2022, 1:23 PM EDT) -- TRENTON, N.J. — A medical provider’s conclusory allegations that two insurance companies enjoyed discretionary control over a health care plan do not make them proper parties to an Employee Retirement Income Security Act lawsuit, but the plaintiff adequately alleges that the plan required reimbursement at a rate other than what was paid, a federal judge in New Jersey said in mostly granting motions to dismiss the provider’s claims....