Bloomberg Law: UnitedHealth Beats Class Suit Over Office Surgery Facility Fees

September 15, 2022

UnitedHealth Group. Inc. defeated a class action brought by more than 200 doctors who accused the company of violating the Employee Retirement Income Security Act and failing to pay ‘facility fees’ that out-of-network surgeons charge for office-based surgeries. Following a five-day bench trial, Judge J. Paul Oetken of the US District Court for the Southern District of New York held that UnitedHealth “conducted an appropriate review of its health plan terms and reasonably determined that it wasn’t required to pay these additional fees to physicians performing in-office surgeries.” O’Melveny & Myers LLP represents UnitedHealth.

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