(United States moment Circuit) - In a suit brought by a surgeon against a health insurance company under the Employee Retirement Income Security Act of 1974 (ERISA),29 U.
S.
C. sections1001 et seq., seeking reimbursement for a patient insured by defendant, and the district court's dismissal of plaintiff's complaint is vacated where ERISA does not totally preempt an 'out‐of‐network' health care provider's promissory‐estoppel claim against a health insurer in cases where the provider: 1) did not receive a valid assignment for payment under a health insurance plan; and 2) received an independent promise from the insurer that he would be paid for certain medical services provided to the insured.
Source: findlaw.com