University Spine Center v. Horizon Blue Cross Blue Shield

OPINION

Kevin McNulty, United States District Judge

This is an action under the Employment Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. §§ 1001 et seq. University Spine Center (“University”), an out-of-network provider, billed,its patient for some $374,000 in services; defendant CareFirst of Maryland (“CareFirst”), as claims administrator, paid out approximately $9,100. Seeking to recover the adjusted balance from CareFirst, University sues as assignee of its patient, Maria C.

CareFirst moves'Under Fed. R. Civ. P. 12(b)(6) to dismiss the Complaint for failure to state a claim upon…