An insurance policyholder and a
chiropractor from Illinois have filed a lawsuit against a unit of
Automatic Data Processing (ADP) Inc., claiming the company helped keep
claim costs low for its property & casualty insurance company clients by manipulating data used to calculate medical claim payouts.
| The suit alleges that ADPIMS reduces the average amounts shown for doctors' charges by excluding the highest charges. |
The
suit, filed May 16 in U.S. District Court in southern Maryland, is
seeking class action status, according to Robert Holstein of Holstein
& Stackler of Chicago. Holstein is representing Carmel Loizon and
Dr. Kristen Knudsen, both of Northfield, Ill. Officials from ADP could
not be reached for comment.
ADP Integrated Medical
Solutions (ADPIMS) of Bethesda, Md., an affiliate of ADP, based in
Roseland, N.J., sells a database to insurers that lists charges for
medical services and procedures to approximately 23 property and
casualty insurers, according to Holstein. The information in the
database is gathered from health care providers across the United
States, as well as Medicare charges for the Health Care Finance
Administration (HCFA). The suit alleges that ADPIMS reduces the average
doctor-charge amounts shown in its database by excluding the highest
charges. Usually, anywhere from 15 to 40 percent of the highest charges
submitted to ADPIMS from the HCFA are excluded by ADPIMS, according to
the suit. ADPIMS also provides insurers with a form that is sent to
policyholders and health care providers explaining why their policies
may not have covered the entire claim. Among the explanations usually
given are that the medical treatment exceeds the "reasonable" amount
that the treatment normally costs in the region, or that the treatment
was unnecessary. Loizon,
one of the plaintiffs in the suit, received a letter in May 1994 from
Allstate Insurance Co. — one of the companies that uses ADPIMS —
telling her that she would not be fully reimbursed for medical
treatment she received following a Jan. 4, 1993, auto accident.
Allstate told her that it reviews all medical bills to ensure that
reasonable expenses for necessary medical treatments are covered, and
its review "indicates that not all of the treatment or charges meet
these criteria." Similarly, several exhibits in the suit shows that
Knudsen, a chiropractor, was not fully paid by Allstate for a number of
treatments her patients received because in most cases, the charges
allegedly "exceeded the reasonable amount for this procedure in the
region where the service was provided." For example, there were some
cases where she was paid only $710 for providing $1,007 worth of
treatments, and $105 for providing $165 worth of treatments. Sharon Cooper, a spokesperson for Allstate, acknowledges
that Allstate has a contract with ADPIMS, but says that Allstate's goal
is to "handle every claim with absolute fairness and objectivity." She
says that Allstate considers a variety of facts when evaluating each
claim. Although no insurers are named in the suit, the plaintiffs
allege that each agreement ADPIMS had with insurers consisted of a
scheme to "fix or restrain" the amounts each insurer would pay their
customers for reimbursement for medical service, or health care
providers who submitted bills. The suit says the annual fee charged to
each insurer for the ADPIMS database is more than $100 million. Holstein says that class members eligible for the suit
include any policyholder or health care provider who has not been fully
reimbursed for their treatments by an insurer who uses ADPIMS, and that
the reason they weren't fully reimbursed was because the treatment's
cost exceeded reasonable charges or was unnecessary. Holstein acknowledges that it is difficult to determine if
your insurer uses ADPIMS, but says that if the suit is certified as a
class action, eligible policyholders will be contacted by either the
company or his law firm.
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