A recent U.S. Supreme Court ruling on that statute of limitations on ERISA actions found that a health plan can contractually create their own tolling period, which can start prior to a cause of action accruing.
Experts see the ruling as a clear victory for health plans and a loss to providers. The case, Heimeshoff v. Hartford Life & Accident Ins. Co., stemmed from the practice of health plans having provisions that shorten the time an ERISA beneficiary can bring action against the plan for civil remedies.
The ruling means healthcare providers need to be aware of the possible contractual limitations on claims and work to submit all claims and appeals in a timely manner.
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