DaVita Takes Dialysis Battle With Amy’s Kitchen to Ninth Circuit

DaVita Inc. asked the U.S. Court of Appeals for the Ninth Circuit to revive its lawsuit accusing Amy’s Kitchen Inc. of trying to kick kidney disease patients off its health plan by changing how it covers dialysis treatments.

DaVita, one of the country’s leading dialysis providers, accused the organic food maker of working with a consultant to slash dialysis coverage in its health plan, with an eye toward forcing people off the plan and onto Medicare. This constitutes unlawful discrimination against kidney disease patients in violation of Medicare rules and the Employee Retirement Income Security Act, DaVita said in its ...