Judge de­nies Os­car’s mo­tion to halt Florida Blue bro­ker pol­icy

Modern Healthcare - - Regional News -

A fed­eral judge de­nied Os­car Health’s re­quest for a pre­lim­i­nary in­junc­tion to stop Florida Blue from en­forc­ing a pol­icy that pre­vented its in­sur­ance agents from sell­ing com­pet­ing insurers’ cov­er­age. Os­car said it will con­tinue to pur­sue its claims. Florida Blue filed a mo­tion this month to dis­miss the case. Os­car’s law­suit claims that Florida Blue’s “ex­clu­siv­ity pol­icy” es­sen­tially pre­vented Os­car from reach­ing es­ti­mated bench­marks of en­roll­ment.

U.S. District Judge Paul By­ron dis­agreed. “Os­car’s lower-than-ex­pected per­for­mance in Or­lando may be due to the dif­fer­ences in avail­able prod­ucts as op­posed to Florida Blue’s ex­clu­siv­ity pol­icy,” he wrote in an or­der. For in­stance, Florida Blue of­fered 77 on-ex­change in­di­vid­ual plans, while Os­car sold eight; Florida Blue also of­fered no-de­ductible plans, while Os­car didn’t; and Florida Blue’s provider net­works were big­ger than Os­car’s, ac­cord­ing to the or­der.

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