A chiropractor who obtained assignment of an Employee Retirement Income Security Act claim from his patient is not required to arbitrate a dispute with Aetna Inc., over retroactive benefit determinations, a federal judge in Newark has ruled.
The judge rescinded his previous ruling compelling the doctor to arbitrate based on a recent ruling from the U.S. Court of Appeals for the Third Circuit in a similar case, CardioNet Inc. v. CignaHealth Corp. In CardioNet, the appeals court said in May 2014 that health care providers may obtain standing to sue by assignment from an insurance plan participant.
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