Law360: UnitedHealth’s Cross-Plan Offsetting Affirmed By 8th Circ.
July 8, 2024
The Eighth Circuit affirmed Monday a Minnesota federal judge’s decision to toss a suit from patients insured by UnitedHealth Group alleging a billing practice known as cross-plan offsetting violated federal benefits law, finding the lower court properly concluded the patients had not sufficiently established injury. In a six-page published opinion, a three-judge panel affirmed dismissal of the Employee Retirement Income Security Act suit from two health plan participants. The case was appealed to the Eighth Circuit after US District Judge Nancy E. Brasel dismissed the case for lack of standing in 2023. UnitedHealth is represented by Brian D. Boyle and Gregory F. Jacob of O’Melveny & Myers LLP.
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