Baytown Medical Center, LP v. Unitedhealthcare Insurance Co.

Court: ED Tx  10/18/2023  ERISA Does Not Preempt Provider's Claim Under Texas Insurance Code

A court of the Eastern District of Texas granted an out-of-network provider's motion to remand an action for emergency care expenses against an assignor's health insurer, holding that although ERISA possesses "extraordinary pre-emptive power," ERISA does not preempt the provider's action under Tex. Ins. Code Sec. 1271.155(a) where the Code implicates an independent legal duty.

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Tex. Ins. Code Sec. 1271.155(a)health insuranceemergency servicepreemptioncomplete preemptionconflict preemptionderivative standingout-of-networkassigneeindependent legal dutyassignorTex. Ins. Code Chap. 1271ERISA

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