Aetna, OptumHealth Urge 4th Circ. To Rethink ERISA Ruling

Law360 (July 7, 2021, 6:19 PM EDT) -- Aetna and OptumHealth have asked the Fourth Circuit to rethink its decision reinstating a case accusing the health care companies of disguising administrative fees as medical expenses, saying a three-judge panel's ruling disregarded U.S. Supreme Court precedent.

In a Tuesday petition for rehearing, Aetna Inc., Aetna Life Insurance Co. and OptumHealth Care Solutions Inc. said the panel's June 22 decision allowing the case to proceed would encourage litigation about disputes that hadn't actually harmed health care benefit plans or their participants and beneficiaries.

The panel had reinstated a proposed class action under the Employee Retirement Income Security Act from Sandra Peters,...

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