Oscar Health to appeal dismissed Florida Blue case

Oct. 15--Health insurance start-up and Florida newcomer Oscar Health is planning to appeal a federal court's recent decision to dismiss its lawsuit against Florida Blue.

Oscar sued Florida Blue last year, alleging that Florida Blue's exclusive agreement with insurance brokers enforced anti-consumer, anti-competitive practices.

Florida Blue has denied the allegations and in September, a Florida judge dismissed Oscar's lawsuit, writing in his decision, "Florida Blue's efforts at enforcing a lawful contract are not coercive, regardless of the tone or tenor of the language employed by Florida Blue."

In a statement on Tuesday, Oscar officials said that they are "confident" that an appeal will lead to the termination of the Florida Blue exclusive agreement policy and will "ensure that the Florida broker community be allowed to appropriately guide their clients to the best insurance options available."

The company also said the appeal will give Florida residents a "fair choice when it comes to their health care" and will support the long-term health of Florida's individual marketplace "so that it continues to attract new entrants."

Oscar filed the notice of appeal on Tuesday, less than a month after the court's decision, thereby starting the appeals process in the court system.

Florida Blue officials said in a statement that they "will continue to vigorously defend against this lawsuit on appeal, all the while continuing to support our contracted general agents who are striving to deliver on our mission of helping the people and communities of Florida achieve better health."

Oscar, a recently formed health insurance company co-founded by Joshua Kushner -- brother of President Donald Trump's son-in-law Jared Kushner -- entered the Florida market for the first time last year, offering individual Affordable Care Act plans in Lake, Orange, Osceola and Seminole counties.

In its first year in Florida, Oscar enrolled 31,000 members, capturing about 12% of the individual health plans in the ACA marketplace in Orlando, according to the company.

The company is expanding in Miami, Daytona, Ocala and Tampa this year, once the ACA open enrollment begins in November.

Florida Blue remains the largest marketplace insurer in the state, offering plans in all 67 counties.

nmiller@orlandosentinel.com.

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