Ursula Taylor Publishes Article about UHC Litigation Against CMS in Law360

Butler Rubin partner Ursula Taylor recently published an article in Law360 titled “Why UnitedHealthcare’s Litigation Against CMS Is Unique.” The article provides analysis on the closely watched case UnitedHealthcare Insurance Company v. Price, which could have industry-wide implications. According to Ursula’s article, UnitedHealthcare, which happens to be the country’s largest Medicare Advantage insurer, has “initiated affirmative litigation under the Administrative Procedures Act (APA) seeking to set aside CMS’ 2014 overpayment rule on the grounds that the rule violates the requirement of ‘actuarial equivalence’ under the Medicare Act and imposes an improper negligence standard that lacks statutory authority.” While a positive ruling would benefit other Medicare Advantage organizations, the UnitedHealthcare matter has unique qualities that could give rise to complications. Specifically, UnitedHealthcare is a defendant in multiple whistleblower lawsuits that allege the company violated the False Claims Act in connection with its Medicare Advantage payments and processes.

To read the full article, click here.