Reimbursement Claim Regarding Flawed Database Not Untimely, Judge Rules

NEWARK, N.J. – A health plan participants’ claim, which alleged that the plan violated the Employee Retirement Income Security Act by relying on flawed data in determining reimbursement rates for out-of-network treatment (ONET), did not begin to accrue on the date the participants received their explanation of benefits (EOB) because they were not aware of the flaws in the data until a later date, a federal judge in New Jersey ruled Jan. 31 in an unpublished opinion (Sherril A. Dunn, et al. v. Honeywell International, Inc., et al., No. 11-cv-2810, D. N.J.; 2012 U.S. Dist. LEXIS 11529).

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