The Third Circuit distinguishes between claims regarding the quantity and the quality of the benefits due under a plan. Quantity of care claims are those that involve the defendant's failure to provide or pay for certain benefits, or statements that a certain treatment is a benefit due under an employee benefit plan. Quality of care claims are those that seek to hold a defendant liable for its role as the arranger of medical treatment whether in terms of its decisions about the treatment of individual plaintiffs or adoption of certain treatment policies. In re U.S. Healthcare at 162-63. Claims about the quality of provided service are not completely pre-empted.
Plaintiffs bring claims for bad faith, breach of fiduciary duty, and breach of contract.
The breach of contract and breach of fiduciary duty claims are completely preempted. The declaratory relief claim is also completely preempted. Thus, removal is proper, and the Court has jurisdiction over the claims. All four counts are subject to dismissal on a motion to dismiss, as they are either completely or expressly preempted. For all the above reasons, Plaintiffs' Motion to Remand is denied.