Health Plan’s Uniform Handling Of Dialysis Claims Dooms ERISA, Medicare Suit

Mealey's (November 25, 2020, 1:58 PM EST) -- SAN FRANCISCO — A health plan’s uniform handling of dialysis claims does not violate the Medicare as Secondary Payor Act, even if the impact of lower payments for that service tend to fall mostly on those with end-stage renal disease, a Ninth Circuit U.S. Circuit Court of Appeals panel said Nov. 24 (DaVita Inc., et al. v. Amy’s Kitchen Inc., et al., No. 19-15963, 9th Cir., 2020 U.S. App. LEXIS 37081)....