Mealey's Health Care / ACA
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January 11, 2019
Mother Claims Insurer Improperly Denied Coverage For Residential Treatments
SALT LAKE CITY — An insurer improperly denied benefits for residential treatment for a child with Asperger’s syndrome under the Employee Retirement Income Security Act, Patient Protection and Affordable Care Act (ACA) and laws governing mental health treatment, a woman alleged Jan. 9 after a judge allowed her to file an amended complaint over the objections of the insurer (Melissa P., et al. v. Aetna Life Insurance Co., et al., No. 18-216, D. Utah).
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January 7, 2019
High Court Passes On Anti-Assignment ACA Discrimination Case
WASHINGTON, D.C. — The U.S. Supreme Court on Jan. 7 declined review of a case alleging an insurer discriminates against African-Americans and women providers under the Patient Protection and Affordable Care Act (ACA) by selectively enforcing anti-assignment provisions (W.A. Griffin v. Verizon Communications Inc., et al., No. 18-523, U.S. Sup.).
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January 7, 2019
Federal Judge: Lack Of Certified Interpreter Isn’t Discrimination
DALLAS — A deaf and nearly blind woman’s complaint that an eye care provider failed to provide a certified interpreter does not adequately allege discrimination under the ADA or ACA, a federal judge in Texas held Jan. 3 (Jane Cummings v. Total Eye Care, No. 18-546, N.D. Texas, 2019 U.S. Dist. LEXIS 862).
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January 7, 2019
California Court: Patient Never Agreed To Pay Surgery’s $72,718.80 Cost
LOS ANGELES — A patient who was told that his surgery would cost only what remained of his out-of-pocket insurance maximum did not enter into a contact with the provider to pay the entire $72,718.80 cost of his procedure, a California appeals court held Dec. 20 (Skull Base Medical Group v. Thomas Mallo, No. B287082, Calif. App., 2nd Dist., 2018 Cal. App. Unpub. LEXIS 8625).
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January 3, 2019
Couple Wants Delayed ERISA Surgery Benefits Action Reopened
DETROIT — The passage of more than 100 days since a court remanded an Employee Retirement Income Security Act case for a benefits determination warrants finding administrative remedies exhausted and reopening a case, a couple tells a federal judge in Michigan in a Jan. 2 brief. But in a response filed the same day, the insurer argues that a determination is forthcoming (Paul Zack, et al. v. McLaren Health Advantage Inc., No. 17-11253, E.D. Mich.).
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January 2, 2019
Judge Stays Case, Paving Way For Appeal Of ACA Constitutionality Ruling
FORT WORTH, Texas — A federal judge in Texas entered final judgment on his ruling that Congress’ elimination of the penalty for individual mandate noncompliance rendered the entire Patient Protection and Affordable Care Act (ACA) unconstitutional and on Dec. 31 stayed the remainder of the case, paving the way for an appeal (Texas, et al. v. U.S.A., et al., No. 18-167, N.D. Texas).
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December 21, 2018
Judge Preliminarily Approves ACA Out-Of-Network Lactation Coverage Settlement
WASHINGTON, D.C. — A federal judge in the District of Columbia on Dec. 12 granted preliminary approval to a class action settlement providing for full payment of out-of-pocket expenses allegedly incurred by a health insurer’s failure to cover comprehensive breastfeeding and lactation support counseling in violation of the Patient Protection and Affordable Care Act (ACA) (Lindsay Ferrer, et al. v. CareFirst Inc., et al., No. 16-2162, D. D.C.).
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December 19, 2018
Anti-Assignment Provision Largely Dooms Provider’s Health Care Reimbursement Case
NEWARK, N.J. — An anti-assignment provision in a health care insurance contract is not subject to an alternative interpretation that could create ambiguity and was not waived, a federal judge in New Jersey held Dec. 14 in dismissing a provider’s case (Advanced Orthopedics and Sports Medicine Institute v. Anthem Blue Cross Life and Health Insurance Co., et al., No. 17-8848, D. N.J.).
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December 18, 2018
ACA, ERISA, UCL HIV Drug Discrimination Claims Fail, Judge Says
SAN FRANCISCO — HIV/AIDS drug purchasers who allege that a health insurer violated their privacy and discriminated against them by requiring the use of mail order or pickup services fail to state claims under the Patient Protection and Affordable Care Act (ACA), California unfair competition law (UCL) or Employee Retirement Income Security Act, a federal judge in California held Dec. 12 (John Doe One, et al. v. CVS Pharmacy Inc., et al., No. 18-1031, N.D. Calif.).
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December 18, 2018
Debt Purchaser’s Claims Against Health Insurer Fail, Judge Says
LOS ANGELES — A company appears to properly have purchased claims from medical providers, but it cannot show that the claims it pursues are covered by the purchase agreement, and it has not adequately pleaded its claims, a federal judge in California held Dec. 7 (Namdy Consulting Inc. v. UnitedHealthcare Insurance Co., No. 18-1283, C.D. Calif., 2018 U.S. Dist. LEXIS 208890).
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December 18, 2018
Individual Issues Prevent Class In Emergent Care Payment Cap Case, Court Says
JACKSON, Tenn. — A trial court correctly concluded that individual issues predominate over a proposed class action challenging an insurer’s use of a $50 cap on reimbursement for nonemergency services provided in the emergency room, the majority of a Tennessee appeals court held Nov. 29 (Emergency Medical Care Facilities P.C. v. BlueCross BlueShield of Tennessee Inc., et al. No. W2017-02211-COA-R3-CV, Tenn. App., 2018 Tenn. App. LEXIS 695).
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December 17, 2018
Out-Of-Network Medical Provider’s Conspiracy Action Headed Back To State Court
TRENTON, N.J. — An out-of-network medical provider’s “unique” conspiracy suit involving 14 causes of action against 17 defendants does not invoke the right to payment under the Employee Retirement Income Security Act and sufficiently alleges the existence of an independent legal duty, a federal judge in New Jersey held in remanding the action on Dec. 14 (North Jersey Brain & Spine Center v. MultiPlan Inc., et al., No. 17-5967, D. N.J., 2018 U.S. Dist. LEXIS 211272).
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December 17, 2018
9th Circuit Keeps, But Narrows, ACA Contraceptive Rules Injunction
SAN FRANCISCO — A divided Ninth Circuit U.S. Court of Appeals on Dec. 13 partially upheld a ruling enjoining new Patient Protection and Affordable Care Act (ACA) contraceptive mandate exemptions expanding who can avoid the regulation, but said nonparty states could not be subject to the injunction (California, et al. v. Alex M. Azar II, et al., Nos. 18-15144, 18-15166, 18-15255, 9th Cir., 2018 U.S. App. LEXIS 35077).
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December 17, 2018
ACA Unconstitutional Absent Individual Mandate, Federal Judge In Texas Says
FORT WORTH, Texas — A federal judge in Texas said striking the Patient Protection and Affordable Care Act (ACA) individual mandate renders the entire law unconstitutional under Supreme Court precedent. The Dec. 14 ruling throws the law in doubt just as the window for enrollment closes for 2018 and means that the law is likely headed back to the Supreme Court (Texas, et al. v. U.S.A., et al., No. 18-167, N.D. Texas).
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December 13, 2018
Judge: Insurer Properly Denied Coverage For Residential Mental Health Treatments
SAN FRANCISCO — A health insurer did not abuse its discretion in concluding that a California minor’s involuntary residential psychiatric treatment in Utah was not performed on an emergency basis or that her mother failed to properly investigate the potential for in-area, in-network care before the admission, a federal judge in California held Dec. 11 (Carol Meyers v. Kaiser Foundation Health Plan Inc., No. 17-04946, N.D. Calif.).
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December 13, 2018
Air Transport’s Balance Billing Challenge Not Properly Before Court, Federal Judge Says
LAS CRUCES, N.M. — An air transport’s challenge to New Mexico’s law precluding balance billing stems from a ruling in a review involving an insured and insurer and is not properly before the court, a federal judge in New Mexico said Dec. 10 (Phi Air Medical LLC v. New Mexico Office of Superintendent of Insurance, et al., No. 18-382, D. N.M., 2018 U.S. Dist. LEXIS 207895).
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December 13, 2018
New York ACA Risk-Adjustment Program Interaction Briefed
NEW YORK — Health insurers due money under the Patient Protection and Affordable Care Act (ACA) risk-adjustment program and New York state faced off in Dec. 10 simultaneous briefing in the Second Circuit U.S. Court of Appeals over whether New York could lay claim to some of those proceeds under its own risk-adjustment program (UnitedHealthcare of New York Inc., et al. v. Maria T. Vullo, et al., No. 18-2583, 2nd Cir.).
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December 10, 2018
Judge Dismisses ERISA Claim From Wilderness Therapy Insurance Coverage Case
BOSTON — A health insurance plan’s exclusion for custodial care unambiguously includes the wilderness therapy treatments at the heart of three plaintiffs’ ERISA suit, a federal judge in Massachusetts said Dec. 6 (David Cotton, et al. v. Blue Cross and Blue Shield of Massachusetts HMO Blue Inc., et al., No. 16-12176, D. Mass., 2018 U.S. Dist. LEXIS 205869).
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December 6, 2018
Federal Judge Permits ERISA Health Care Suit Over Air Transport Payment
BILLINGS, Mont. — A woman’s claim seeking to recover additional payments from her health insurer for air transport is timely under the ambiguous terms of the plan, she has standing under the Employee Retirement Income Security Act and her claims support a breach of fiduciary duty claim, a federal judge in Montana held Dec. 3 in largely permitting her suit to proceed (Jennifer Tawater v. Health Care Services Corp., et al., No. 18-47, D. Mont., 2018 U.S. Dist. LEXIS 204309).
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December 4, 2018
Insured’s Out-Of-Network Payment Suit Falls Short Again, Judge Says
TRENTON, N.J. — An insured adequately alleges entitlement to additional coverage for out-of-network care under his plan’s emergency services provision, but not how his insurer’s payment would violate that provision, a New Jersey federal judge said Nov. 30 (Clifford Robinson v. Anthem Blue Cross Life and Health Insurance Co., et al., No. 17-4600, D. N.J., 2018 U.S. Dist. LEXIS 202887).