Bio-Medial Applications of Tennessee, Inc. v. Central States, Southeast & Southwest Areas Health & Welfare Fund

MEMORANDUM OPINION

LEON JORDAN, District Judge.

Now before the court are: “Defendant’s Motion for Judgment on the Administrative Record” [doc. 42]; defendant’s “Motion for Summary Judgment on the Counterclaim” [doc. 44]; and plaintiffs “Motion for Summary Judgment” [doc. 47]. The motions have been fully briefed and are ripe for the court’s consideration. For the reasons that follow, plaintiffs motion will be granted and defendant’s motions will be denied.

I

Background

Plaintiff operates a kidney dialysis center and is the assignee of the retiree health care benefits of a now-deceased patient (“the…