CIGNA Sued For $20 Million UCR Denials Under ERISA And Counter-Sued For "Prompt Pay Discount" Fraud - Insurance News | InsuranceNewsNet

InsuranceNewsNet — Your Industry. One Source.™

Sign in
  • Subscribe
  • About
  • Advertise
  • Contact
Home Now reading Newswires
Topics
    • Advisor News
    • Annuity Index
    • Annuity News
    • Companies
    • Earnings
    • Fiduciary
    • From the Field: Expert Insights
    • Health/Employee Benefits
    • Insurance & Financial Fraud
    • INN Magazine
    • Insiders Only
    • Life Insurance News
    • Newswires
    • Property and Casualty
    • Regulation News
    • Sponsored Articles
    • Washington Wire
    • Videos
    • ———
    • About
    • Meet our Editorial Staff
    • Advertise
    • Contact
    • Newsletters
  • Exclusives
  • NewsWires
  • Magazine
  • Newsletters
Sign in or register to be an INNsider.
  • AdvisorNews
  • Annuity News
  • Companies
  • Earnings
  • Fiduciary
  • Health/Employee Benefits
  • Insurance & Financial Fraud
  • INN Exclusives
  • INN Magazine
  • Insurtech
  • Life Insurance News
  • Newswires
  • Property and Casualty
  • Regulation News
  • Sponsored Articles
  • Video
  • Washington Wire
  • Life Insurance
  • Annuities
  • Advisor
  • Health/Benefits
  • Property & Casualty
  • Insurtech
  • About
  • Advertise
  • Contact
  • Editorial Staff

Get Social

  • Facebook
  • X
  • LinkedIn
Newswires
Newswires RSS Get our newsletter
Order Prints
January 5, 2012 Newswires
Share
Share
Post
Email

CIGNA Sued For $20 Million UCR Denials Under ERISA And Counter-Sued For “Prompt Pay Discount” Fraud

PR Web

Hanover Park, IL (PRWEB) January 05, 2012

ERISAclaim.com offers Webinars to examine the recent federal court ERISA ruling in a lawsuit between CIGNA and an out-of network hospital. CIGNA was sued by the hospital for $20 million UCR denials under ERISA, CIGNA counter-sued the hospital for "prompt pay discount" ("fee forgiving") fraud. The new Webinars will evaluate this court case, as the 2012 managed care reimbursement litigation trend by providers and payers: the out-of-network (OON) provider UCR litigation under ERISA; and the payer defense under ERISA preemption, lack of ERISA Assignment and failure to complete ERISA appeals, and more importantly, the payer offensive counter-lawsuit for "prompt pay discount" fraud, medical necessity fraud, self referral or deceptive out-of-network referral fraud.

The Court Case Info: North Cypress Medical Center Operating Co., Ltd. et al v. Cigna Healthcare et al, Case 4:09-cv-02556, Filed: 08/11/2009, United States District Court Southern District of Texas Houston Division.

“This $20 million UCR ERISA lawsuit in Houston Texas and all other out-of-network provider UCR cases represent a new reimbursement model and new climate in managed care litigation in 2012. The payers nationwide are taking offensive “anti-fraud” strategies in defending against providers’ UCR lawsuits,” says Dr. Jin Zhou, President of ERISAclaim.com, a national expert on PPACA and ERISA appeals and compliance.

On August 11, 2009, the plaintiff hospital, an approximately 150-bed general acute care hospital in Houston, Texas, filed a lawsuit against CIGNA for alleged $20 million UCR denials under ERISA.

On March 2, 2011, the federal court permitted the hospital’s ERISA lawsuit to proceed.

According to the Court documents, the following are the relevant facts:

“North Cypress alleges, first, that CIGNA has underpaid North Cypress considerably for out-of-network and emergency services it provided to patients participating in health plans insured and/or administered by CIGNA. North Cypress alleges that this significant underpayment has resulted, in part, from CIGNA’s intentional or reckless use of flawed or inadequate data to calculate UCR amounts. Secondly, CIGNA has allegedly failed to promptly pay North Cypress’ reimbursement claims. Third, North Cypress contends that CIGNA entered into “Discount Agreements” with North Cypress via a re-pricing agent, through which CIGNA agreed to pay a discounted price of North Cypress’ invoices for CIGNA’s members. According to North Cypress, CIGNA failed to pay even the discounted amount agreed to in the contracts. As a result of CIGNA’s acts, North Cypress claims that it has been damaged in the amount of at least $20 million. To remedy these alleged violations, North Cypress has brought claims against CIGNA pursuant to the Employee Retirement Income Security Act of 1974 (“ERISA”), as amended, 29 U.S.C. § 1001 et seq., as well as Texas state law.
In particular, on March 2, 2011, the Court concluded:

“The Court finds that North Cypress has properly alleged standing to bring claims under ERISA. The Court also concludes that North Cypress has adequately stated a claim for relief in all but its ERISA § 406 claim. Additionally, North Cypress’ Texas Insurance Code claims are preempted by ERISA. The Court strikes North Cypress’ amended jury demand as it relates to its ERISA claims. Therefore, CIGNA’s Motion to Dismiss is granted in part and denied in part.”

On November 17, 2007, CIGNA filed a counter-lawsuit against the hospital for "prompt pay discount" ("fee forgiving") fraud, among other things, as a part of its defense, in the Court:

“This action arises from an ongoing scheme by NCMC to defraud CIGNA through a practice known as “fee forgiving.”

“NCMC’s so-called business model wrecks these incentives. Instead of collecting the co-insurance from CIGNA plan members that their plans require them to pay, NCMC waives those payments. NCMC tells CIGNA plan members that it will bill them as if they were seeing an in-network provider, eliminating any financial difference to the member between using NCMC and using another provider in CIGNA’s network. On top of this, NCMC offers these plan members over-the-top “hotel-like accommodations,” unlike those in any traditional hospital, including “all private patient suites with upscale room accommodations, including trim, flat screen televisions, private baths, and wireless internet.”

On December 14, 2011, the plaintiff hospital filed a motion to dismiss CIGNA counterclaim, asserting ERISA preemption.

“The hospital ‘prompt pay discount’, alleged by CIGNA as ‘fee forgiving’ fraud in this case, is extremely popular nationwide, now it's up to the Court to decide,” cautioned Dr. Zhou.

The ERISAclaim.com’s 2012 Webinars start at $5,000 per 2-hour session and will cover the following topics:

1.    The factual and legal analysis of provider complaint and payer counter complaint;
2.    Practical impacts of the payer counter complaint on all OON doctors, ASC’s and hospitals
3.    Compliant solutions, from OIG Guidance, to all alleged fraud and abuse preventions
4.    DOL: About 77% of Insured Americans Purchased Out-Of-Network Coverage in Private Industry (BLS, NBS 2010, page 11 of 167): http://stats.bls.gov/ncs/ebs/detailedprovisions/2010/ebbl0047.pdf

To find out more about PPACA Claims and Appeals Compliance Services from ERISAclaim.com:
http://www.erisaclaim.com/products.htm

Located in a Chicago suburb in Illinois, for over 11 years, ERISAclaim.com is the only ERISA & PPACA consulting, publishing and website resource for healthcare providers in the country. ERISAclaim.com offers free webinars, basic and advanced educational seminars and on-site claims specialist certification programs for doctors, hospitals and commercial companies, as well as numerous pending national ERISA class action litigation support. Dr. Jin Zhou is regarded as the industry “Godfather of ERISA claims” for healthcare providers.

For any questions, please contact Dr. Jin Zhou, president of ERISAclaim.com, at 630-808-7237.

###

Read the full story at http://www.prweb.com/releases/2012/1/prweb9082427.htm

Copyright:  (c) 2012 PRWEB.COM Newswire
Wordcount:  907

Older

Canton Fitness Center Opens [Daily Review, The (PA)]

Newer

Status Conference Upcoming in Topamax Side Effects Lawsuit Being Handled in Philadelphia’s Complex Litigation Center That Could Indicate Next Steps in Topamax Lawsuits

Advisor News

  • Pay or Die: The scare tactics behind LA County’s Measure ER tax increase
  • How to listen to what your client isn’t saying
  • Strong underwriting: what it means for insurers and advisors
  • Retirement is increasingly defined by a secure income stream
  • Addressing the ‘menopause tax:’ A guide for advisors with female clients
More Advisor News

Annuity News

  • MassMutual turns 175, Marking Generations of Delivering on its Commitments
  • ALIRT Insurance Research: U.S. Life Insurance Industry In Transition
  • My Annuity Store Launches a Free AI Annuity Research Assistant Trained on 146 Carrier Brochures and Live Annuity Rates
  • Ameritas settles with Navy vet in lawsuit over disputed annuity sale
  • NAIC annuity guidance updates divide insurance and advisory groups
More Annuity News

Health/Employee Benefits News

  • Health insurance for famers
  • Business People: General Mills veteran Dana McNabb named COO
  • CONFEREES ADOPT COMMERCE PACKAGE WITH MEAT RAFFLE INCREASE, NO INSURANCE LOOPHOLE FIX
  • GLP-1 Drug Costs Cited as Heights Schools Hike Taxes and Cut Staff
  • Pay or Die: The scare tactics behind LA County’s Measure ER tax increase
More Health/Employee Benefits News

Life Insurance News

  • 2025 Insurance Abstracts
  • AM Best Affirms Credit Ratings of Berkshire Hathaway Life Insurance Company of Nebraska and First Berkshire Hathaway Life Insurance Company
  • Generational expectations: A challenge for the industry
  • Greg Lindberg asks NC judge for no jail time in bribery, fraud cases
  • National Life Group Names Brenda Betts to Its Board of Directors
More Life Insurance News

- Presented By -

NEWS INSIDE

  • Companies
  • Earnings
  • Economic News
  • INN Magazine
  • Insurtech News
  • Newswires Feed
  • Regulation News
  • Washington Wire
  • Videos

FEATURED OFFERS

Why Blend in When You Can Make a Splash?
Pacific Life’s registered index-linked annuity offers what many love about RILAs—plus more!

Life moves fast. Your BGA should, too.
Stay ahead with Modern Life's AI-powered tech and expert support.

Bring a Real FIA Case. Leave Ready to Close.
A practical working session for agents who want a clearer, repeatable sales process.

Discipline Over Headline Rates
Discover a disciplined strategy built for consistency, transparency, and long-term value.

Inside the Evolution of Index-Linked Investing
Hear from top issuers and allocators driving growth in index-linked solutions.

Press Releases

  • JP Insurance Group Launches Commercial Property & Casualty Division; Appoints Joe Webster as Managing Director
  • Sequent Planning Recognized on USA TODAY’s Best Financial Advisory Firms 2026 List
  • Highland Capital Brokerage Acquires Premier Financial, Inc.
  • ePIC Services Company Joins wealth.com on Featured Panel at PEAK Brokerage Services’ SPARK! Event, Signaling a Shift in How Advisors Deliver Estate and Legacy Planning
  • Hexure Offers Real-Time Case Status Visibility and Enhanced Post-Issue Servicing in FireLight Through Expanded DTCC Partnership
More Press Releases > Add Your Press Release >

How to Write For InsuranceNewsNet

Find out how you can submit content for publishing on our website.
View Guidelines

Topics

  • Advisor News
  • Annuity Index
  • Annuity News
  • Companies
  • Earnings
  • Fiduciary
  • From the Field: Expert Insights
  • Health/Employee Benefits
  • Insurance & Financial Fraud
  • INN Magazine
  • Insiders Only
  • Life Insurance News
  • Newswires
  • Property and Casualty
  • Regulation News
  • Sponsored Articles
  • Washington Wire
  • Videos
  • ———
  • About
  • Meet our Editorial Staff
  • Advertise
  • Contact
  • Newsletters

Top Sections

  • AdvisorNews
  • Annuity News
  • Health/Employee Benefits News
  • InsuranceNewsNet Magazine
  • Life Insurance News
  • Property and Casualty News
  • Washington Wire

Our Company

  • About
  • Advertise
  • Contact
  • Meet our Editorial Staff
  • Magazine Subscription
  • Write for INN

Sign up for our FREE e-Newsletter!

Get breaking news, exclusive stories, and money- making insights straight into your inbox.

select Newsletter Options
Facebook Linkedin Twitter
© 2026 InsuranceNewsNet.com, Inc. All rights reserved.
  • Terms & Conditions
  • Privacy Policy
  • InsuranceNewsNet Magazine

Sign in with your Insider Pro Account

Not registered? Become an Insider Pro.
Insurance News | InsuranceNewsNet