In
Managed Care Litigation, MDL Case
No. 1334, the named providers and medical associations allege that the defendant
HMOs have systematically breached the terms of their contracts with physicians
and have engaged in illegal policies and deceptive practices.
Some of the allegations are that HMOs improperly influence the medical decision
making process and have enacted policies to allow them to over-ride their
physician's decisions regarding medical necessity.
The named providers and medical associations allege that HMOs do this by
relying on automatic claims processing systems, hiring personnel unfamiliar
with the patient's healthcare needs and indirectly providing reimbursements
that are inadequate to cover the cost of medically appropriate care.
This pattern of behavior constitutes a violation of the federal RICO statute,
the Racketeering Influenced and Corrupt Organization Act.
The lawsuit also charges that during the last ten years the HMOs have delayed,
denied and downcoded payments to doctors. You can read the
Amended
Complaint here. The Court will conduct a hearing on May 7, 2001 in
Miami, Florida to determine whether to certify the case as a class action.
No representation is made that the quality of the legal
services to be performed is greater than the quality of legal services performed
by other lawyers. The hiring of a lawyer is an important decision
that should not be based solely upon advertisements. Before you decide,
ask us to send you free written
information about our qualifications
and experience. The information at this site is not, and is not intended
to be, legal advice. We do not accept requests for legal advice nor offer
specific legal advice over the internet.