Independent Review Is Not Arbitration That Bars Review, Judge Rules

PORTLAND, Ore. - A health plan participant is not precluded from seeking judicial review of a denial of benefits under the Employee Retirement Income Security Act based on review by an independent review organization (IRO) pursuant to state law because the review does not qualify as an arbitration that bars judicial review of claims under the Federal Arbitration Act (FAA), a federal judge in Oregon ruled March 8 (Kelly J. Yox v. Providence Health Plan, No. 12-1348, D. Ore.; 2013 U.S. Dist. LEXIS...(read more)