Mealey's Health Care / ACA

  • April 30, 2019

    Insured Can’t Tie Payment Claims To Health Plan, Judge Says

    TRENTON, N.J. — An insured fails to tie her surgery provider’s alleged entitlement to payment to anything in her health care plan, a federal judge in New Jersey said April 29 in dismissing claims (K.S. v. Thales USA Inc., et al., No. 17-7489, D. N.J. 2019 U.S. Dist. LEXIS 71389).

  • April 30, 2019

    Insurer Launches Daubert Challenges As Plaintiffs Seek ACA Lactation Classes

    SAN FRANCISCO — As insureds on April 5 wrapped up their efforts at certifying a trio of classes involving alleged violations of the Patient Protection and Affordable Care Act (ACA)’s lactation coverage rules, an insurer on April 11 filed reply briefs in a series of Daubert challenges seeking exclusion of the experts offered in support of the motion (Rachel Condry, et al. v. UnitedHealth Group Inc., et al., No. 17-183, N.D. Calif.).

  • April 30, 2019

    Patient’s Assignment Limited To Benefits, Federal Judge Finds

    SAN FRANCISCO — A dialysis patient’s assignment of “any cause of action” applies only to claims for benefits under the Employee Retirement Income Security Act, and an insurer’s decision not to cover dialysis does not violate Medicare law, a federal judge in California held April 5 (DaVita Inc., et al. v. Amy’s Kitchen Inc., et al., No. 18-6975, N.D. Calif., 2019 U.S. Dist. LEXIS 59387).

  • April 26, 2019

    Federal Judge Grants Discovery In Health Insurance Air Transport Coverage Case

    OKLAHOMA CITY — A federal judge in Oklahoma on April 23 granted plaintiffs additional time for discovery into their individual action against a health insurer they claim failed to properly cover air transport costs for their newborn child (Christina and Jeffrey Terry, et al. v. Health Care Service Corp., No. 18-415, W.D. Okla., 2019 U.S. Dist. LEXIS 68601).

  • April 18, 2019

    Women Appeal ACA Lactation Insurance Coverage Ruling

    DES MOINES, Iowa — A federal appeals court on April 17 gave two women until June to file their brief challenging an Iowa federal judge’s conclusion that a health insurer provided sufficient access to lactation support services under the Patient Protection and Affordable Care Act (ACA) (Jillian York, et al. v. Wellmark Inc., et al., No. 19-1705, 8th Cir.).

  • April 17, 2019

    Surgery Provider Pushes Waiver Of Assignment Defense In ERISA Action

    SANTA ANA, Calif. — Having approved medical procedures and then denied claims, an insurer cannot now point to the existence of anti-assignment provisions as the reason in a late attempt to avoid paying, a provider told a California judge on April 8 in an Employee Retirement Income Security Act case (California Surgical Institute Inc., et al. v. Aetna Life and Casualty [Bermuda] Ltd., et al., No. 18-2157, C.D. Calif.).

  • April 16, 2019

    Woman Claims Hospital Violated ACA, Ignored Requests For Interpreter

    PHOENIX — A hospital staff discriminated against a deaf woman by lacking proper training on how to identify when a patient requires a live, in-person interpreter, violating the Patient Protection and Affordable Care Act (ACA) and other statutes, the woman claims in a March 21 complaint filed in Arizona federal court (Ella Mae Hammack v. Scottsdale Healthcare Hospitals, et al., No. 19-1890, D. Ariz.).

  • April 16, 2019

    Judge Remands 32 Health Insurance Actions Seeking Payment From Aetna

    FORT MYERS, Fla. — Florida law lends an independent basis for some of a provider’s 32 cases against an Employee Retirement Income Security Act health insurer, and sufficient questions remain over the balance of the claims to grant remand, a federal judge in Florida said March 29 (Premier Inpatient Partners LLC, et al. v. Aetna Health and Life Insurance Co., No. 18-621, M.D. Fla., 2019 U.S. Dist. LEXIS 62678).

  • April 16, 2019

    Health Plan Documents Lack Anti-Assignment Provision, Federal Judge Says

    CENTRAL ISLIP, N.Y. — An administrative service agreement (ASA) is not a plan document, and the anti-assignment provision referenced therein does not bar a patient from assigning rights to a provider, a New York federal judge held March 20 (Long Island Neurological Associates v. Highmark Blue Shield, et al., No. 18-81, E.D. N.Y., 2019 U.S. Dist. LEXIS 46176).

  • April 16, 2019

    Supreme Court Won’t Hear Dispute Over Anti-Assignment Provision

    WASHINGTON, D.C. — In its April 15 orders list, the U.S. Supreme Court denied certiorari in a dispute between a medical provider and United Healthcare Insurance Co. over an anti-assignment provision in a group health benefit plan (W.A. Griffin v. United Healthcare of Georgia Inc. et al., No. 18-1033, U.S. Sup.).

  • April 16, 2019

    Judge: Lack Of Substantiation Dooms Debt Purchaser’s Claims Versus Health Insurer

    LOS ANGELES — Assignments provide a debt purchaser with standing to pursue medical providers’ underpayment claims against an insurer, but its repeated failure to adequately support the claims dooms its case, a federal judge in California held April 3 in dismissing the claims without leave to amend (Namdy Consulting Inc. v. UnitedHealthcare Insurance Co., No. 18-1283, C.D. Calif., 2019 U.S. Dist. LEXIS 57624).

  • April 15, 2019

    California Asks Federal Court To Enjoin Abortion Guidance Rule

    SAN FRANCISCO — A final rule restricting dissemination of information about abortion violates the Patient Protection and Affordable Care Act (ACA) and Title X and would force California to insure a wave of unintended pregnancies, the state argues in an April 11 reply in support of a motion seeking to enjoin the rule (State of California, et al. v. Alex Azar, et al., No. 19-1184, N.D. Calif.).

  • April 11, 2019

    ACA Age Discrimination Claim Against Hospital Fails, Judge Says

    NASHVILLE, Tenn. — A son’s Patient Protection and Affordable Care Act (ACA) claim alleging that a hospital discriminated against his 93-year-old mother lacks evidence that he exhausted administrative remedies as required by the underlying discrimination law, a federal judge in Tennessee held April 9 (Alvin Galuten, et al. v. Williamson Medical Center, et al., No. 18-519, M.D. Tenn., 2019 U.S. Dist. LEXIS 61207).

  • April 11, 2019

    5th Circuit Hastens Along ACA Constitutionality Challenge

    NEW ORLEANS — The Fifth Circuit U.S. Court of Appeal ordered expedited oral arguments April 10 after receiving nearly two dozen briefs from a diverse group of amici urging it not to strike down the Patient Protection and Affordable Care Act (ACA) simply because Congress zeroed out the individual mandate penalty (Texas, et al. v. U.S.A., et al., No. 19-10011, 5th Cir.).

  • April 04, 2019

    Michigan Employer, Insurer’s State Contacts Keep Provider’s Suit In New Jersey

    HACKENSACK, N.J. — New Jersey courts have specific personal jurisdiction over a Michigan employer and its Michigan-based health insurer because both companies availed themselves of the state by operating an office there and offering insurance to those employees, a New Jersey judge held March 20 (Tsvi Small, M.D., v. Blue Cross Blue Shield of Michigan, et al., No. BER-L-4141-18, N.J. Super., Bergen Co.).

  • April 03, 2019

    Indian Tribes, Scholars Warn Of Economic, Health Care Impact If ACA Falls

    NEW ORLEANS — Hundreds of Indian tribes, more than 50 economic scholars, a handful of constitutional law experts who in the past opposed the Patient Protection and Affordable Care Act (ACA) and two Republican-led states said striking down the entire law simply because Congress zeroed out the individual mandate penalty lacks any historic or legal precedent while warning about the far-reaching impact doing so would have.  The amici were among 21 parties filing briefs on April 1 (Texas, et al. v. U.S.A., et al., No. 19-10011, 5th Cir.).

  • March 29, 2019

    Federal Judge Finds ACA Association Rule Violates ERISA

    WASHINGTON, D.C. — A Patient Protection and Affordable Care Act (ACA) rule expanding the availability of association health plans “does violence” to the Employee Retirement Income Security Act by exploding the definition of an employer, a federal judge in the District of Columbia said March 28 (New York, et al. v. U.S. Department of Labor, et al., No. 18-1747, D. D.C.).

  • March 27, 2019

    Justice Department Says Tax Reduction Warrants Striking Entire ACA

    FORT WORTH, Texas — The Fifth Circuit U.S. Court of Appeals should strike down the entire Patient Protection and Affordable Care Act (ACA) in light of changes to the individual mandate the Department of Justice says in a letter filed March 25 alongside opening briefs arguing that the plaintiff states lack standing to challenge the law’s constitutionality and that striking it down goes against legislative intent (Texas, et al. v. U.S.A., et al., No. 19-10011, 5th Cir.).

  • March 26, 2019

    Standing Takes Center Stage In ACA Short-Term Plan Rule Challenge

    WASHINGTON, D.C. — Whether an insurance advocacy group has standing to challenge a rule expanding the availability of Patient Protection and Affordable Care Act (ACA) short-term, limited duration insurance (STLDI) health insurance plans lies at the heart of a pair of March 22 reply briefs filed in the District of Columbia federal court (Association for Community Affiliated Plans, et al. v. United States Department of Treasury, et al., No. 18-2133, D. D.C.).

  • March 22, 2019

    Insurer Cites Individual Issues In Opposing Certification In ACA Lactation Spat

    SAN FRANCISCO — Plaintiffs seeking class certification in a challenge to the availability of in-network lactation services under the Patient Protection and Affordable Care Act (ACA) ignore that any such determination requires individualized evidence and defenses, an insurer told a federal judge in California March 21 (Rachel Condry, et al. v. UnitedHealth Group Inc., et al., No. 17-183, N.D. Calif.).

Can't find the article you're looking for? Click here to search the Mealey's Health Care / ACA archive.