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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.

ERISA, Health Insurance, assignor, assignee, derivative standing, independent legal duty, Tex. Ins. Code Chap. 1271, Tex. Ins. Code Sec. 1271.155(a), emergency service, out-of-network, complete preemption, conflict preemption

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