• Magazine
    • Past Issues
    • Subscribe
    • Change Mailing Address
    • Surveys
    • Guidelines for Authors
    • Editorial Calendar
    • Editorial Deadlines
  • Practice
    • Business Tips
    • Chiropractic Schools
    • Clinical & Technique
    • eBooks
    • eCourses
    • Infographics
    • Quizzes
    • Wellness & Nutrition
    • Personal Growth
    • Podcast
  • Resource Centers
  • Products & Services
    • Buyer’s Guide
    • Products Directory
    • Submit a Product
    • Vendor Login
  • Datebook
    • Become an Events Poster
    • Post an Event
    • View Events
  • Jobs
    • Jobs
    • Post a Job
  • Advertise
    • Advertising Information
    • Media Kit
    • Contact Us
    • Upload Advertising

Your Online Chiropractic Community

Chiropractic Economics Your Online Chiropractic Community
Subscribe
  • Home
  • Current Issue
  • News
  • Webinars
  • Chiropractic Research
  • Students
  • Coronavirus (COVID-19)

BREAKING: Court rules in favor of class standing in UHC/Optum lawsuit

Chiropractic Economics September 4, 2014

CE_lawSeptember 4, 2014 — A long-awaited decision was issued by the U.S. District Court in the pending action against United Healthcare/OptumHealth, a case led by the American Chiropractic Association: The Court granted class standing, which not only allows plaintiffs who are not within United’s network of providers to seek relief on a class-wide basis, but also endorses the applicability of the Employee Retirement Income Security Act of 1974 regulations to UHC/Optum’s requests for repayment.

The decision is a landmark step toward the goal of achieving significant reform of UHC/Optum practices. Any out-of-network DCs who are currently subject to a repayment demand from United or Optum should contact the ACA concerning the impact of the decision.

The lawsuit was first filed on Jan. 24, 2011, by the ACA, who represented a nationwide class of healthcare providers who were subjected to improper audits and recoupment demands by UHC in a violation of ERISA. On April 22, 2011, ACA amended the original complaint alleging that United, through its chiropractic network, OptumHealth, adopted a series of internal policies and procedures intended to improperly deny benefits.

In April 2012, the ACA and co-plaintiffs successfully defeated United Healthcare and Optum’s motion to dismiss, which allowed the profession to pursue alleged ERISA violations. The decision by the U.S. District Court for the District of New Jersey upheld the viability of the plaintiffs’ central, underlying claims against United and its co-defendants, including the inappropriate recoupment of reimbursements previously paid to providers.

The defeat of the defendant’s motion to dismiss allowed plaintiffs to pursue injunctive relief for the inappropriate and abusive practices long fought by the chiropractic profession, which have restricted patient care and, the profession believes, harmed the careers of doctors of chiropractic.

In December 2014, a New Jersey federal judge ruled that a doctor of chiropractic may pursue his overpayment allegations against United Healthcare even though his patients are no longer insured by the company. The ruling says patients are still subject to the health insurer’s overpayment recoupment procedures.

For questions or further information, please contact insinfo@acatoday.org.

Source: American Chiropractic Association

Related Posts

  • Court grants class standing to out-of-network providers in UHC/Optum lawsuitCourt grants class standing to out-of-network providers in UHC/Optum lawsuit
  • ACA challenges UnitedHealthcare’s unfair practices, joins class action lawsuitACA challenges UnitedHealthcare’s unfair practices, joins class action lawsuit
  • ACA, COCSA, other plaintiffs defeat UnitedHealthcare's motion to dismiss class action lawsuitACA, COCSA, other plaintiffs defeat UnitedHealthcare's motion to dismiss class action lawsuit
  • Michigan Association of Chiropractors wins ruling in COAMichigan Association of Chiropractors wins ruling in COA
  • House passes measure to abolish Medicare spending boardHouse passes measure to abolish Medicare spending board
  • Mark Sanna, DC, named one of LinkedIn’s ‘most viewed’Mark Sanna, DC, named one of LinkedIn’s ‘most viewed’

Filed Under: Industry News, News

Current Issue

Follow Us

  • Facebook
  • Twitter
  • Instagram
  • LinkedIn
  • YouTube logoYouTube logoYouTube

820 A1A N Highway W18,

Ponte Vedra Beach, FL 32082

Phone 904.285.6020

Fax 904.395.9118

CONTACT US »

Privacy Policy & Terms of Service

Copyright © 2021, All Rights Reserved

SUBSCRIBE TO THE MAGAZINE

Get Chiropractic Economics magazine
delivered to your home or office. Just
fill out our form to request your FREE
subscription for 20 issues a year,
including two annual Buyers Guides.

SUBSCRIBE NOW »

Latest Chiropractic News

  • Troy Healthcare debuts clinically-validated topical migraine and headache formula
  • Colorado allows chiropractors to give COVID-19 vaccine shots
  • American Chiropractic Association lauds U.S. Congress passing fair competition health legislation
    The American Chiropractic Association (ACA) lauded the U.S. Congress for passing legislation that will promote fair competition in health...
x