Federal lawsuit alleges overpaid health care claims, 'kickbacks'
Kate Andrews //November 21, 2024//
Federal lawsuit alleges overpaid health care claims, 'kickbacks'
Kate Andrews // November 21, 2024//
Mechanicsville-based Fortune 500 health care logistics and supply company Owens & Minor filed a federal lawsuit against Anthem Blue Cross and Blue Shield this week, claiming that the Henrico County insurer mismanaged funds for Owens & Minor’s employee health insurance plan and allegedly violated the Employee Retirement Income Security Act, or ERISA.
According to the complaint filed Monday in the U.S. District Court for the Eastern District of Virginia, Owens & Minor requested its employee health care insurance plan’s claims data for an audit in September 2021, but Anthem “transformed what should have been a simple transfer … into a nearly two-year game of ‘hide the ball.'” In 2023, Owens & Minor sued Anthem to obtain the data and received a portion of the information in July, according to this week’s lawsuit.
“Plaintiff’s analysis to date has showed tens of millions of dollars of damages to the plan as a result of defendant’s neglect and misconduct,” the complaint says. Under ERISA, insurance companies must “act solely in [beneficiaries’] interests,” but Owens & Minor accuses Anthem of “boundless avarice and neglect,” including “paying more for health care claims than was even billed, securing kickbacks from providers, double-paying claims and pocketing rebates belonging to plaintiff,” according to the lawsuit.
Owens & Minor specifically claims that Anthem — hired by the company in 2017 to manage its self-funded insurance plans and health care claims for the plans — violated ERISA by “causing the [health insurance] plan to grossly overpay claims, including payments above 100% of billed charges; causing the plan to pay the same medical claims multiple times; improperly classifying affordable generic drugs as specialty pharmaceuticals; withholding pharmaceutical rebates from the plan; steering, requiring or otherwise encouraging plan participants and beneficiaries to use defendant-affiliated providers who charged more for the same or lesser quality of care and who passed on the excess of these payments to defendant or its affiliated companies,” among other alleged violations included in the complaint.
Owens & Minor seeks a jury trial and damages in an amount to be determined at trial, according to the lawsuit.
A spokesperson for Anthem Blue Cross and Blue Shield said Thursday it does not comment on pending litigation.
Owens & Minor announced in July it would be moving its headquarters from Mechanicsville to western Henrico County by the end of the year. The company reported $10.3 billion in 2023 revenues, up from $9.9 billion in 2022, and employs approximately 20,000 people worldwide.
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