Please be clear this update is for UHC only and has nothing to do with Humana or any other payer issues that may be happening currently.
As many of you should be aware the OSCA is a part of a class action lawsuit with many other state associations as well as the ACA. This particular class action is concerning the take back habits UHC has followed for years. The lawsuit was filed in April of 2011 and has been going through the legal channels since. A year ago we had a significant win that validate the claims we were making and allowed the suit to continue. Just a few days ago we had another substantial victory in the courts honoring the class action itself. This means it will go to court, UHC’s attempts to get the suit thrown out have failed.
Our legal team reached out to us with the following request:
The Court today issued a decision in our favor on class certification. I’m attaching the opinion, which is very encouraging and endorses quite a few of our legal theories. As I mentioned, this now triggers a 90-day discovery period, so let me know asap if you hear anything back from your membership regarding pending repayment demands they are dealing with.
So we are reaching out to our membership asking if you have any current UCH payback issues you are dealing with. Please be clear this is for UHC only.
If you are dealing with a UHC payback issue please email me at firstname.lastname@example.org ASAP with the specifics of the situation and I will forward this information to our legal team.
As always the OSCA will keep you up to date as the case moves along. For those of you that enjoy reading case law you can review the actual court decision you can by CLICKING HERE.
Bharon Hoag - Executive Director
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