ERISA law ensures plan members receive a summary description of benefits, have appeal rights, and can file a suit for unpaid claims. If the plan does not contract with a network of providers, all benefits are out- of-network.Reimbursement disputes between healthcare providers and payers involving outofnetwork claims have increased sharply in recent years. Fees are just one of several factors fiduciaries need to consider in deciding on service providers. What does the Act require? Section 412 of ERISA also spells out specific coverage requirements for ERISA fidelity bonds. Limits. However, ERISA does not preempt state insurance law. The result is a dual regulatory framework. Notice of Protection Against Surprise Billing ERISA.