Plaintiffs v Kaiser Permanente

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Plaintiffs File Lawsuit Against Kaiser Permanente

Case ID: 5358
Category: Insurance
 
Last Update: 06/04/2009
Country:
 

A California resident has filed suit against insurance provider Kaiser Permanente, alleging that the corporation failed to refund her copayment after collecting under a personal injury award. Although the plaintiff's individual damages are negligible, the issue could affect hundreds or even thousands of Kaiser customers.

The suit is brought on behalf of all Kaiser members whose plans are part of a private employer group medical plan as Glaus's was and who reimbursed Kaiser after a successful lawsuit but never received their co-payment back afterwards.

Kaiser's own "Evidence of Coverage," or EOC, requires that Kaiser refund a consumer's copayment when collecting expenses after a lawsuit settlement. The suit says that Glaus and all other class members have an "equitable lien" against Kaiser, since the company wrongfully withheld money from them.

Glaus is being represented by the law firm of Lewis Feinberg Lee Renaker Jackson PC, based in Oakland, CA.

The suit seeks reimbursement of unrefunded copayments and an injunction prohibiting Kaiser from continuing the practice in the future.

The action was brought under the Employee Retirement Income Reimbursement Act (ERISA), which protects individuals who might suffer discrimination from health insurance companies. The ERISA provisions at issue require Kaiser to act as a customer's fiduciary, and to administer the plan in the best interests of the consumer.

For more information contact:

Lewis Feinberg Lee Renaker Jackson PC
1330 Broadway, Suite 1800
Oakland, California 94612
Phone: (510) 839-6824
Fax: (510) 839-7839
contact@lewisfeinberg.com

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