Analysis

5 Tips As High Court Awaits UnitedHealth Offsetting Petition

Law360 (March 8, 2019, 7:31 PM EST) -- UnitedHealth Group Inc. will urge the U.S. Supreme Court to take up an Employee Retirement Income Security Act case that hinges on a method of recovering overpayments called cross-plan offsetting, arguing that an Eighth Circuit decision blocking UnitedHealth from using offsetting could create tumult for insurers if allowed to stand.

The insurer revealed its intention to petition the high court on March 5 when it asked the Eighth Circuit to delay a mandate for its finding that plan documents hadn't authorized UnitedHealth to recover alleged overpayments across plans in a dispute stemming from two proposed class actions brought by health care providers. The...

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