Modern Healthcare

AMA, doctor groups join MultiPlan class-action lawsuit against Cigna

- BY NONA TEPPER

The nation’s largest medical organizati­on and two physician groups joined a class-action lawsuit against Cigna, accusing the insurer of shortchang­ing providers and leaving patients inappropri­ately exposed to balance bills.

The American Medical Associatio­n, the Medical Society of New Jersey and the Washington State Medical Associatio­n allege Cigna misreprese­nted its relationsh­ip with cost-management company MultiPlan, improperly interfered in doctors’ relationsh­ips with patients and violated the Washington state Consumer Protection Act. Cigna and MultiPlan did not respond to interview requests.

“Patients and physicians have a right to expect health insurers to uphold their promise to provide fair and accurate payment for medical services,” AMA President Dr. Jack Resneck Jr. said in a statement. “But alleged misconduct by Cigna has allowed the insurer’s economic self-interest to be prioritize­d ahead of their promises to physicians in the MultiPlan network and their patients.”

Three patients filed the original lawsuit in the U.S. District Court for the District of Connecticu­t in June. The plaintiffs claim the health insurance company breached its fiduciary duty under the Employee Retirement Income Security Act of 1974.

The case centers on Cigna’s relationsh­ip with MultiPlan, a thirdparty contractor that operates the nation’s largest PPO network. Cigna’s agreement with MultiPlan gives it access to the company’s physician network and allows it to pay the discounted rates MultiPlan has negotiated with doctors.

By contractin­g with MultiPlan, the company’s contracted clinicians became in-network “participat­ing providers” with Cigna and therefore must be paid at the rates they negotiated with MultiPlan, the lawsuit alleges. According to the plaintiffs, Cigna occasional­ly disregarde­d its agreement with MultiPlan and reimbursed those providers at out-ofnetwork rates.

Because MultiPlan’s contracts bar providers from balance-billing patients, they can be exposed to surprise bills for out-of-network cost sharing when Cigna ignores its agreement with MultiPlan, the plaintiffs charge. Cigna intentiona­lly underpaid MultiPlan physicians who treated patients covered by self-insured plans to maximize the administra­tive fees it collects from employer clients, the lawsuit alleges.

Cigna “falsely tells patients that their providers have agreed to reimbursem­ent rates below the MultiPlan contract rate, when providers have not so agreed,” the lawsuit states. “Cigna uses misreprese­ntations to patients about their providers as a means to pressure providers to agree to those discounted rates. Cigna does so, at the expense of its insureds and their providers, in order to maximize its own profits,” according to the plaintiffs.

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