Lab Seeking COVID-19 Testing Repayment Adequately Pleads Derivative ERISA Standing

Mealey's ( January 30, 2025, 2:13 PM EST) -- NEWARK, N.J. — Concluding that a medical testing laboratory had obtained derivative standing under the Employee Retirement Income Security Act via assignments of rights by ERISA-governed plan beneficiaries to sue health insurers for reimbursement for COVID-19 testing, a New Jersey federal judge on Jan. 29 denied in part the insurers’ motion to dismiss, while dismissing state law claims and claims based on assignments of rights that were executed after the litigation began....