Pretrial Defenses For Payors Facing Quasi-Contract Claims

Law360 (November 15, 2019, 5:58 PM EST) -- Here's the problem: In the managed care litigation space, noncontracted medical providers are suing payors as part of their business-collections strategy, utilizing quasi-contract theories of recovery in their attempt to justify ever growing bills.

In the traditional contracted-provider/payor relationship, the network agreement, of course, governs rates of reimbursement. Medical providers are turning to quasi-contract claims with frequency, however, when there is no contract between the payor (or managed care provider or defendant) and provider, or a contract contains an anti-assignment provision.

Today, payors are seeing more claims for unjust enrichment and quantum meruit — which translates to "as much as is...

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