DaVita Loses Another Suit Over Insurance Coverage for Dialysis

DaVita Inc. lost another lawsuit over health insurance coverage for dialysis treatments, when the Southern District of Ohio dismissed its case against Marietta Memorial Hospital’s health plan.

The dialysis provider’s lawsuit, which alleged violations of the Medicare Secondary Payer Act, failed because the act only authorizes private lawsuits once a primary insurer has failed to make a payment and forced Medicare to step in, which didn’t happen in this case, Judge Sarah D. Morrison said.

Morrison also dismissed DaVita’s claims under the Employee Retirement Income Security Act. The assignment form DaVita received from a Marietta Memorial plan participant with kidney ...