Humana asks court to rethink keeping ERISA dispute alive

By Irene Spezzamonte (July 21, 2022, 1:51 p.m. EDT) — A federal court in Kentucky should reconsider a decision denying Humana’s request to dismiss a lawsuit seeking excessive recordkeeping fees, the health insurance company said, arguing that a recent Sixth Circuit ruling on the same issue is a change in supervisory law.

Humana told U.S. District Judge Rebecca Grady Jennings in a motion for reconsideration on Wednesday that the June appeals court ruling in Smith v. CommonSpirit Health, that plaintiffs must demonstrate that the charges were excessive in relation to the services provided, would support the company’s earlier severance offer. Therefore, Humana argued that Judge Jennings should reconsider her March ruling denying Humana’s motion to dismiss a…

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