Mealey's Health Care / ACA

  • April 02, 2020

    Judge:  Family’s Challenge To Mental Health Care Coverage Proceeds

    BOSTON — A family adequately alleges that an insurer’s denial of coverage for mental health care violates the Parity Act and the Employee Retirement Income Security Act, a federal judge in Massachusetts said March 30 (Steve C., et al. v. Blue Cross and Blue Shield of Massachusetts Inc., et al., No. 18-12278, D. Mass., 2020 U.S. Dist. LEXIS 54857).

  • April 02, 2020

    Parity Act Claim In Wilderness Therapy Case Survives Dismissal

    SALT LAKE CITY — A family adequately alleges that a health insurance plan’s blanket exclusion on wilderness treatments sufficiently deviates from how it covers similar treatments in the medical or surgical setting to keep the claim alive, and there is no reason at this stage to believe that the Parity Act claim is duplicative of the claim seeking benefits, a federal judge in Utah said March 26 (Candace B., et al. v. Blue Cross and Blue Shield of Rhode Island, No. 19-39, D. Utah, 2020 U.S. Dist. LEXIS 52850).

  • April 01, 2020

    Judge: Surgery Provider’s Contract Claims Survive Insurer’s Dismissal Bid

    NEW ORLEANS — An out-of-network surgery provider’s breach of contract and detrimental reliance claims are adequately pleaded and avoid Employee Retirement Income Security Act (ERISA) preemption, but the remainder of the case fails, a federal judge in Louisiana held March 30 while denying a blanket request for an “attorneys’ eyes only” provision (Crescent City Surgical Centre v. Cigna Health and Life Insurance Co., et al., No. 18-11385, E.D. La., 2020 U.S. Dist. LEXIS 54556).

  • March 30, 2020

    Medical Providers’ Facility-Fee Action Survives, Federal Judge Says

    NEW YORK — A  medical billing expert is qualified to testify, and medical providers’ benefits recovery and injunctive relief claims largely survive in a case alleging that an insurer ignored plan language and instead issued automatic denials of coverage for office-based practices’ facility fees, a federal judge in New York said March 26 (The Medical Society of the State of New York, et al. v. UnitedHealth Group Inc., et al., No. 16-5265, S.D. N.Y., 2020 U.S. Dist. LEXIS 53262).

  • March 26, 2020

    Proton Beam Class Claim Repackaged ERISA Benefits Claim, Judge Says

    BOSTON — A woman’s Employee Retirement Income Security Act class action seeking disgorgement and an injunction barring an insurer from denying proton beam therapy claims simply repackages a denial of benefits claim and must be dismissed without prejudice, a federal judge in Massachusetts said March 25 (Kate Weissman v. United Healthcare Insurance Co., et al., No. 19-10580, D. Mass., 2020 U.S. Dist. LEXIS 51568).

  • March 26, 2020

    Modified Class Permitted To Appeal Denial Of Medicare Coverage For Hospital Stays

    HARTFORD, Conn. — The portion of a class of Medicare beneficiaries placed on observation status after being admitted the hospital as inpatients and now suing the federal government for depriving them of their property interest in Part A coverage have shown that the U.S. secretary of Health and Human Services (HHS) violated the due process clause of the Fifth Amendment to the U.S. Constitution, a federal judge in Connecticut ruled March 24, ordering that those members should be permitted to appeal the denial of their coverage (Christina Alexander, et al. v. Alex M. Azar II, No. 11-1703, D. Conn., 2020 U.S. Dist. LEXIS 50636).

  • March 26, 2020

    Federal Judge Stays Health Care Discrimination Trial In Light Of Coronavirus

    BATON ROUGE, La. — According to the court’s docket, a federal judge on March 23 continued the May 11 trial date for a health care discrimination case involve a deaf women after the parties pointed out the state of emergency and that the health care professionals involved in the battle against the novel coronavirus at the heart of the state’s “stay-at-home” order will comprise nearly all the trial’s witnesses (Katrina Rivers LaBouliere, et al. v. Our Lady of the Lake Hospital Inc., No. 16-785, M.D. La.).

  • March 24, 2020

    Judge Says Record Doesn’t Support Wilderness Treatments Care

    ROCHESTER, N.Y. — Outside reviews and treatment records support an insurer’s conclusion that a child’s mental health issues could have been treated at a lower level of care, a federal judge in New York held March 19, finding that the insurer properly denied coverage for wilderness treatments (Julie L., et al. v. Excellus Health Plan Inc., et al., No. 18-6753, W.D. N.Y., 2020 U.S. Dist. LEXIS 47734).

  • March 24, 2020

    Health Provider’s Fee Waivers Weren’t Misrepresentations, New York Court Says

    BROOKLYN, N.Y. — In granting financial hardship waivers, a health care provider did not fraudulently misrepresent claims it submitted to an insurer nor interfere with the insurer’s contract with insureds, a New York appellate court affirmed March 18 (Oxford Health Plans [NY] Inc., et al. v. Biomed Pharms Inc., No. 2017-02971, N.Y. Sup., App. Div., 2nd Dept., 2020 N.Y. App. Div. LEXIS 1946).

  • March 23, 2020

    8th Circuit Hands Insurer Judgment In Air-Ambulance Payment Dispute

    ST. LOUIS — An insurer properly reimbursed an air-ambulance transport company for services it provided to an insured, and there is insufficient evidence that its explanation was a post hoc litigation defense, an Eighth Circuit U.S. Court of Appeals panel said March 20 in affirming two judgments and reversing a third (Ivan Mitchell, et al. v. Blue Cross Blue Shield of North Dakota, et al., No. 18-2784, Ivan Mitchell, et al. v Blue Cross Blue Shield of North Dakota, et al., No. 18-2890, 8th Cir., 2020 U.S. App. LEXIS 8818).

  • March 19, 2020

    Judge Finds Health Plans’ Anti-Assignment Provisions Bar Breach Of Contract Case

    CENTRAL ISLIP, N.Y. — A more full record allows for the conclusion that an anti-assignment provision prevents a chiropractor’s New York breach of contract claim, a federal judge in New York said March 17 in denying him summary judgment and entering a take-nothing judgment (Raymond A. Semente, D.C., P.C. v. Empire Healthcare, et al., No. 14-5823, E.D. N.Y., 2020 U.S. Dist. LEXIS 45276).

  • March 17, 2020

    Judge Finds ERISA Preempts Sleep Center Case, Rejects Reconsideration

    TRENTON, N.J. — A sleep center’s reconsideration motion largely reargues points already rejected, but even those arguments do not suggest that the Employee Retirement Income Security Act does not preempt the claims, a federal judge in New Jersey said Feb. 27 (Sleep Tight Diagnostic Center LLC v. Aetna Inc., et al., No. 18-3556, D. N.J.).

  • March 16, 2020

    ERISA Preempts State Health Care Recovery Action, New York Justice Says

    NEW YORK — An assignment of rights gives a medical provider standing under the Employee Retirement Income Security Act, and the statute preempts his state law action, a New York justice held March 12 (Bassel v. Aetna Health & Life Ins. Co., 8280/19, N.Y. Sup., Queens Co.).

  • March 12, 2020

    U.S. Supreme Court Told ACA, RFRA Permit Mandate Rules

    WASHINGTON, D.C. — Petitioners and a host of amicus curiae parties told the Supreme Court in a plethora of briefs filed between March 2 and March 9 that the Patient Protection and Affordable Care Act (ACA) and Religious Freedom Restoration Act (RFRA) permit religious and moral exemptions to the contraceptive mandate (Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania, et al., Donald J. Trump, et al. v. Pennsylvania, Nos. 19-431, 19-454, U.S. Sup.).

  • March 12, 2020

    Woman Says Hearing Needed In ERISA Mental Health Case

    BOSTON — Clear error review in an Employee Retirement Income Security Act mental health benefits case requires an evidentiary hearing to ensure that the court does not erroneously read the record as a judge did in determining that residential treatments were not medically necessary in the absence of acute symptoms, a woman said in March 9 briefing to the First Circuit U.S. Court of Appeals (Jane Doe v. Harvard Pilgrim Health Care Inc., et al., No. 19-1879, 1st Cir.).

  • March 11, 2020

    Association’s Out-Of-Network Rules Case Survives Immunity, Texas Court Says

    AUSTIN, Texas — An insurance group’s challenge to Texas rules governing insurance payments for out-of-network care are not precluded by governmental immunity, a state appeals court held March 9 (Texas Department of Insurance v. Texas Association of Health Plans, No. 03-19-00185-CV, Texas App., 3rd Dist., 2020 Tex. App. LEXIS 1872).

  • March 11, 2020

    Health Insurer’s Outsourcing Of Out-Of-Network Claims Frees It From $500K Suit

    NEWARK, N.J. — An insurer outsourced the handling of out-of-network insurance claims, giving it no fiduciary role in a provider’s attempts at recovering $595,833.53, a federal judge in New Jersey said March 6 (IJKP Opco LLC, et al. v. General Trading Co, et al., No. 17-6131, D. N.J., 2020 U.S. Dist. LEXIS 39585).

  • March 11, 2020

    ACA Discrimination Case Supports Emotional Distress Damages, Woman Says

    NEW ORLEANS — A discrimination claim under the Patient Protection and Affordable Care Act (ACA) permits an award of emotional distress damages, a deaf and blind woman argues in asking the Fifth Circuit U.S. Court of Appeals for en banc rehearing on March 8 (Jane Cummings v. Premier Rehab Keller PLLC, et al., No. 19-10169, 5th Cir.).

  • March 10, 2020

    Billing Error Can’t Free Insurer From Emergency Care Payment, Court Says

    LOS ANGELES — Allowing an insurer to sidestep California law mandating that providers receive reasonable rates for emergency care would not be following the intent of the law, a state appeals court held Feb. 27 (San Jose Neurospine v. Aetna Health of California Inc., et al., No. B296716, Calif. App., 2nd Dist.).

  • March 05, 2020

    Judge Cuts Out Portions Of Skull Surgery Payment Case

    BROOKLYN, N.Y. — A provider group’s claim to full compensation for a member’s surgical procedure is not supported by the plan language, but it is impossible to tell from the existing record whether the payments the insurer did make complied with the plan, a federal judge in New York held March 2 (Long Island Neurological Associates P.C. v. Empire Blue Cross Blue Shield, et al., No. 18-3963, E.D. N.Y.).