This article discusses Miller & Chevalier's representation of Independence Hospital Indemnity Plan Inc. in an ERISA appeal before the Seventh Circuit. The court turned down a request from a group of Pennsylvania chiropractors to rehear a decision holding that the plaintiffs, a group of in-network healthcare providers, could not sue the defendant insurer under ERISA over the recoupment of payments for services earlier made to them. In the underlying ruling, the Seventh Circuit agreed with our client that in-network providers generally must sue under state law contract theories, rather than the federal ERISA statute, to challenge such recoupments. Independence is represented by Firm Members Anthony F. Shelley, Timothy P. O'Toole and Michael N. Khalil.
Coverage of Miller & Chevalier' representation in Pennsylvania Chiropractic Association et al v. Independence Hospital Indemnity Plan Inc. has similarly been featured in Law360 on October 1, 2015, in an article titled "7th Circ. Says Blue Cross Docs Aren't ERISA Beneficiaries"; in Insurance Law Daily on October 2, 2015, in an article titled "ERISA procedures unavailable to preferred providers not within 'beneficiary' definition"; and in Reuters on October 5, 2015, in an article titled "Chiropractors are not ERISA plans 'beneficiaries' - 7th Circuit."