In an action by dentists claiming that defendant health insurer employed a number of practices, such as “improper downcoding” and “improper bundling,” as a means of underpaying participating dentists for services they performed, denial of plaintiffs’ motion to remand the action is affirmed in part where plaintiffs’ allegations implicated not only the “rate of payment” under their provider agreements, but also the “right of payment.”  However, the order is reversed in part where a trade association did not have standing to sue under ERISA and thus ERISA did not completely preempt plaintiff-association’s claims.

Read Connecticut State Dental Ass’n. v. Anthem Health Plans, Inc., No. 08-15268

Appellate Information

Filed December 30, 2009

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