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Tennessee Blue Cross asks judge to throw out doctors' lawsuit
By Insure.com

Saying physicians should resolve their beefs against the managed care industry through arbitration rather than litigation, Blue Cross and Blue Shield of Tennessee has asked a Nashville judge to dismiss lawsuits filed last month against the insurer by doctors who allege that the HMO uses unfair business practices.

Tennessee Blue Cross says physicians should resolve their beefs against the managed care industry through arbitration rather than litigation.

According to Tennessee Blue Cross, the doctors who belong to the Tennessee Medical Association (TMA) should be working with insurers rather than against them to help make health care more affordable for their patients. The TMA filed the lawsuits on April 25, 2002, in Davidson County Chancery Court against Tennessee Blue Cross, as well as Aetna, CIGNA, and UnitedHealthcare, charging all four with deceptive business practices.

The lawsuits allege that because of the "extraordinary unequal bargaining positions" between the TMA and HMOs, the TMA's 6,600 members are forced into one-sided contracts that ultimately "impede good medicine." According to TMA President Dr. David K. Garriott, the association "regrets that we have been forced to go to court to improve the managed care environment that has become unmanageable for so many of our members and patients."

The lawsuits, which seek class action status, say these unfair business practices include:

  • Arbitrarily denying claims for "medically necessary" care without adequate justification or explanation.
  • Reducing a physician's payment for medically necessary care by "downcoding," meaning changing billing codes to indicate a doctor should be paid less. (For example, a doctor conducts an extensive office visit with a patient who has a number of health problems but is reimbursed only for a simple office visit that is far shorter and less complicated.)
  • Bundling claims, meaning issuing a single payment for a group of related medical services, rather than paying for each service individually.
  • Improperly reviewing claims by using computerized programs to automatically deny or reduce claims by downcoding.
  • Failing to pay claims on time.

Tennessee joins the growing number of states with medical associations that have filed lawsuits to take HMOs to task for secretive business practices that the doctors claim are abusive and "allow insurers to avoid their obligation to pay for care provided to patients." Attorneys working with medical associations in Connecticut, South Carolina, and New York that have brought lawsuits against many of the same HMOs and leveled virtually identical charges.

 

Last Updated May 31, 2002
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