Eleventh Circuit Again Dismisses Provider Claim for ERISA Statutory Penalties Based on Language in Written Assignment of Rights and Benefits

In A. Griffin v. United Healthcare Services, Inc., No. 23-13429, 2024 WL 1855456 (11th Cir. Apr. 29, 2024), the Eleventh Circuit affirmed the dismissal of Dr. Griffin’s lawsuit seeking damages under 29 U.S.C. § 1132(c)(1) against United Healthcare Services, Inc. for United’s failure to provide her with certain documents connected to her treatment of two patients. Dr. Griffin argued that she has the right to sue under ERISA based on an assignment of “rights and benefits” that she received from her patients. The Eleventh Circuit held that a patient does not transfer the right to assert ERISA claims for statutory penalties when the written assignment states only that “this is a direct legal assignment of my rights and benefits under the policy.” The court has repeatedly held that Dr. Griffin lacks statutory standing to bring ERISA claims for statutory penalties on behalf of her clients. See Griffin v. Verizon Commc’ns, Inc., 641 F. App’x 869, 872 n.4 (11th Cir. 2016); Griffin v. Coca-Cola Refreshments U.S., Inc., 989 F.3d 923, 927 (11th Cir. 2021) (“Our other opinions have been unpublished; we choose to publish today in hopes of resolving this recurring litigation.”).

The standing issue is a tricky one for medical providers who want to stand in the shoes of their patients. We’ve written about Dr. Griffin’s past lawsuits here:

• https://robertsdisability.com/eleventh-circuit-affirms-dismissal-of-health-providers-erisa-claims-due-to-valid-anti-assignment-provisions/
• https://robertsdisability.com/seventh-circuit-affirms-doctor-did-not-have-valid-assignment-to-pursue-erisa-statutory-penalty-claim-against-plan-administrator/
• https://robertsdisability.com/doctor-lacks-standing-to-bring-erisa-claims-due-to-health-plans-anti-assignment-provisions/