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JUDGE PROCTOR SETS PRELIMINARY APPROVAL HEARING ON PROVIDER SETTLEMENT IN BLUE CROSS BLUE SHIELD ANTITRUST LITIGATION

Judge Proctor has set the Preliminary Approval Hearing on the Provider Settlement in the Blue Cross Blue Shield Antitrust Litigation for November 14, 2024, at 9:30 a.m. in Birmingham, Alabama.  A copy of Judge Proctor’s Order can be found here. Up to date information on the settlement may also be found at www.whatleykallas.com/bcbs-settlement.

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MONUMENTAL SETTLEMENT ANNOUNCED IN PROVIDER BLUE CROSS BLUE SHIELD ANTITRUST CASE

FOR IMMEDIATE RELEASE: October 14, 2024 BIRMINGHAM, AL – Today a monumental settlement was announced by Whatley Kallas, LLP, Co-Lead Counsel, in a long-running antitrust lawsuit filed on behalf of healthcare providers across the nation. The settlement with all the Blue Cross and Blue Shield entities in the country, as well as the Blue Cross

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FIFTH CIRCUIT FINDS UHC IMPROPERLY DENIED MENTAL HEALTH BENEFITS UNDER ERISA

In a detailed opinion grounded in the text of ERISA and its implementing regulations, the Fifth Circuit held that UnitedHealthcare improperly denied mental health benefits for the insured’s minor child’s eating disorder treatment and that it failed to apply the correct reimbursement rate for the portion of the child’s treatment that it did cover. The

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KFF REPORT SHOWS INCREASED ENROLLMENT IN MEDICARE ADVANTAGE PLANS: NOW UP TO 54% OF MEDICARE ELIGIBLES

KFF has issued a report entitled “Medicare Advantage in 2024: Enrollment Update and Key Trends.”  Some of the key findings in the report include: 54% of Medicare the Medicare eligible population is enrolled in a Medicare Advantage plan, amounting to 34 million people In seven states (Alabama, Connecticut, Michigan, Hawaii, Florida and Rhode Island) 60%

KFF REPORT SHOWS INCREASED ENROLLMENT IN MEDICARE ADVANTAGE PLANS: NOW UP TO 54% OF MEDICARE ELIGIBLES Read More »

THE AHA ISSUES REPORT SHOWING FINANCIAL PRESSURES ON HOSPITALS DUE TO INCREASED COSTS AND INADEQUATE REIMBURSEMENTS

The American Hospital Association has issued a Costs of Caring Report showing increased costs to hospitals and health systems coupled with inadequate payer reimbursement creating “an environment of financial uncertainty where many hospitals and health systems are operating with little or no margin.” Among the highlights of the Report are the following: Hospitals’ labor costs,

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THE FIFTH CIRCUIT AFFIRMS TMA AND PROVIDER WIN STRIKING DOWN NO SURPRISES ACT RULES

In a victory for providers, the Fifth Circuit Court of Appeals has affirmed the District Court opinion striking down the rules governing how payments for out-of-network payments should be determined in arbitrations under the No Surprises Act. Congress passed the No Surprises Act to prevent patients from being surprised by bills for out-of-network cost sharing

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CONGRESS ADVANCES BILL DESIGNED TO CURTAIL UNFAIR INSURER PRIOR AUTHORIZATION PRACTICES

The Seniors’ Timely Access to Care Act, which is designed to address issues with Medicare Advantage plans’ use of prior authorization, has been reintroduced in Congress by a bipartisan group of legislators. The bill would establish an electronic standard to streamline approval of prior authorization requests by Medicare Advantage plans, reduce the amount of time

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SUPREME COURT AGREES TO HEAR CHALLENGE TO HOW HHS CALCULATES PAYMENTS TO HOSPITALS DISPROPORTIONATELY SERVING LOW INCOME PATIENTS

The United States Supreme Court has granted certiorari to hear a hospital’s challenge to how the Department of Health and Human Services calculates disproportionate share (“DSH”) payments for hospitals serving low-income patients.  The case, Advocate Christ Medical Center et al. v. Bercerra, involves the statutory interpretation of whether the phrase “entitled…to benefits” means the same

SUPREME COURT AGREES TO HEAR CHALLENGE TO HOW HHS CALCULATES PAYMENTS TO HOSPITALS DISPROPORTIONATELY SERVING LOW INCOME PATIENTS Read More »

THE AHA, THE AMA AND MGMA URGE CMS TO ENACT ADDITIONAL TRANSPARENCY AND OTHER REQUIREMENTS ON MEDICARE ADVANTAGE PLANS INCLUDING ADDITIONAL REQUIREMENTS ON PRIOR AUTHORIZATION

Whatley Kallas’s provider clients have been increasingly frustrated with Medicare Advantage plans’ inappropriate denials and reduced payment of claims and with the plans’ use of prior authorization to delay and deny care and we have been pursuing clams based upon those denials and reductions. Congress and the Centers for Medicare & Medicaid Services have also

THE AHA, THE AMA AND MGMA URGE CMS TO ENACT ADDITIONAL TRANSPARENCY AND OTHER REQUIREMENTS ON MEDICARE ADVANTAGE PLANS INCLUDING ADDITIONAL REQUIREMENTS ON PRIOR AUTHORIZATION Read More »

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