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Federal Appellate Court Orders United Healthcare, Physicians to Mediation

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by Beth Graham

Monday, Mar 10, 2014


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A federal appellate court in New York has ordered a dispute between United Healthcare and two county medical societies to mediation.  The lawsuit reportedly arose in October 2013 after the insurer removed thousands of doctors in Connecticut and other states from its Medicare Advantage network.  In December, a federal court in Connecticut kept the physicians in the insurer’s network by issuing a temporary injunction.  The injunction effectively provides doctors who were cut from the program with the opportunity utilize the company’s internal appeals process and engage in arbitration with the insurer.

United Healthcare appealed the federal court’s decision and oral arguments were held in January.  According to the medical societies of Fairfield and Hartford counties in Connecticut, United Healthcare breached its contract with terminated doctors by unlawfully removing them from the Medicare Advantage network without cause or sufficient notice.  The insurer reportedly maintains that the company acted within its legal rights when it decided upon the cost saving measure.  Following oral argument, the parties were instructed to engage in mediation.

The resolution of the case will likely affect many more physicians across the nation.  A similar lawsuit filed by the Medical Society of the State of New York is currently on hold pending the outcome of United Healthcare’s appeal.

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About Beth Graham

Beth Graham earned a Master of Arts in Information Science and Learning Technologies from the University of Missouri-Columbia, and a Juris Doctor from the University of Nebraska College of Law, where she was an Eastman Memorial Law Scholar. Beth is licensed to practice law in Texas and the District of Columbia. She is also a member of the Texas Bar College and holds CIPP/US, CIPP/E, and CIPM certifications from the International Association of Privacy Professionals.

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About Disputing

Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.

To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.

About Disputing

Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.

To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.

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