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Court Permits Providers' COVID-19 Testing Claims Against Health Insurer to Proceed

March 24, 2022 11:56 AM | OEHA (Administrator)

In a dispute over reimbursements for COVID-19 testing and related services, a district court concluded that the coverage mandates under the Families First Coronavirus Response Act (FFCRA) and the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) did not create a private right of action. The court therefore dismissed claims by health providers alleging that a health plan's insurer violated the FFCRA and Cares Act by failing to reimburse COVID-19-related testing services provided to plan participants. However, the court permitted the providers' related benefit claims against the insurer under the Employee Retirement Income Security Act of 1974 (ERISA) to proceed.

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