UnitedHealthcare’s motion to dismiss court case failed
UnitedHealthcare has been
accused of inappropriate reclamation
of reimbursements and violating
the ERISA Act.
UnitedHealthcare, a healthcare service provider, has been accused of inappropriate reclamation of reimbursements that have already been paid to medical providers as well as taking back payments from patient accounts that are not connected to the alleged overpayment. The claim is that this is in violation of the U.S. Department of Labor Employee Retirement Income Security (ERISA) Act, which sets specific standards for health plans and pension plans.
The American Chiropractic Association announced on April 4, 2012, that this organization, along with the Congress of Chiropractic State Associations (COCSA) and other plaintiffs, defeated a motion to dismiss the class action lawsuit against UnitedHealthcare. Some other plaintiffs in this case include the Missouri State Chiropractors Association (MSCA) and the Ohio State Chiropractic Association.
Since the defendant's motion to dismiss the case has been denied, plaintiffs can now pursue the damages allegedly caused by UnitedHealthcare. According to the plaintiffs, these malevolent practices have impaired patient care and marred the chiropractic profession.
Under the ERISA Act, patients are entitled to a chance to appeal when care authorized by an insurer diverges from their physician's care plan. UnitedHealthcare has been accused of depriving patients of this right.
"The court's decision to reject United's motion to dismiss is a groundbreaking victory for doctors of chiropractic and their patients across the country," the American Chiropractic Association's president Keith Overland stated. "Plaintiffs are now free to continue their fight for their patients' rights to receive medically necessary care, and to hold insurers accountable in respect to reimbursing providers for care patients have paid for through their insurance premiums."
Other organizations looking to hold insurance providers accountable in Chicago should consider hiring a Chicago litigation attorney with experience in class action lawsuits.