Griffin v. Sevatec Inc., No. 1:2016cv00630 - Document 11 (E.D. Va. 2016)

Court Description: MEMORANDUM OPINION. Signed by District Judge Liam O'Grady on 8/29/2016. (dvanm, )

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Griffin v. Sevatec Inc. Doc. 11 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division W.A. Griffin, M.D., Plaintiff, Civil Action No. l:16-cv-630 Sevatec, Inc., Defendant. Memorandum Opinion This matter comes before the Court on Defendant Sevatec, Inc.'s Motion to Dismiss Plaintiffs Complaint. Dkt. No. 4. For the reasons outlined below, the Court finds good cause to GRANT the Motion and DISMISS the Complaint. I. Background The Plaintiff is a dermatologist operating a practice in Atlanta, Georgia. As a condition of service, Griffinrequires her patientsto assign their health insurance benefitsand rights to her. Defendant Sevatec administers various aspects of the self-funded ERISA plansthrough its agents, including Blue Cross Blue Shield Healthcare Plan of Georgia ("Blue Cross of Georgia"). In this suit, Griffin claims that Sevatec has failed to pay the appropriate ERISA planbenefits, specifically with regard to a patient identified as N.F. In May and Septemberof 2013, N.F. went to Griffin's office for several minor surgical procedures. As Griffinrequires, N.F. signed Griffin's assignmentof benefits form. After the surgeries, Griffin submitted her claims for treating N.F. to Blue Cross of Georgia. The total charges for the May 2013 surgeries totaled $4,116.96. Sevatec, through Blue Cross of Georgia, covered $1,641.11—of which $798 was paid to Griffin directly. Griffin asserts that Sevatec 1 Dockets.Justia.com

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