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UnitedHealth Asks SCOTUS to Uphold Controversial Billing Tactic

June 3, 2019, 4:39 PM

UnitedHealth Group Inc. asked the U.S. Supreme Court to bless the insurer’s controversial method of collecting overpayments from out-of-network medical providers.

The justices should overturn an Eighth Circuit decision rejecting the insurer’s practice of cross-plan offsetting, UnitedHealth said in a May 30 petition. The Eighth Circuit—which found the practice was barred by UnitedHealth’s plans and possibly in violation of federal law—joined the wrong side of multiple circuit splits and failed to give UnitedHealth the proper level of deference under the Employee Retirement Income Security Act, the insurer told the court.

The case could have implications across the insurance industry, where ...

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