Aetna Loses Bid to Undo Class in Spinal Surgery Coverage Lawsuit

July 27, 2023, 5:42 PM UTC

A lawsuit challenging Aetna Life Insurance Co.'s coverage of certain spinal surgeries will remain a class action despite a recent ruling making it harder to certify classes in health insurance coverage disputes.

Aetna asked Judge Cormac J. Carney to decertify the 239-person class in light of the Ninth Circuit’s January decision in Wit v. United Behavioral Health, which reversed the certification of a class of health plan participants who sought “reprocessing” of their benefit claims. The appeals court held that reprocessing isn’t an appropriate class-wide remedy for benefit claims under the Employee Retirement Income Security Act, and that certifying ...

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