Medicare Health Plan Pushes Back on HHS Move to Dismiss Lawsuit

A Medicare managed care plan has asked a federal court to deny a government motion to dismiss the insurer’s amended lawsuit that seeks redress for actions by HHS that allegedly harmed the health plan’s reputation and competitive position.

The plaintiff’s opposition to the defendants’ motion to dismiss, filed Oct. 25 by Zing Health Inc. in the US District Court for the District of Columbia, challenges the federal government’s claim that the Medicare Advantage insurer lacks standing to file the amended complaint.

The motion also challenges the government’s claim that any injuries suffered by Zing aren’t redressable, and that Zing’s claim for ...