Dialysis & Nephrology Digest - November 2020

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Circuit Court revives DaVita claim that Ohio health plan violated MSPA

discrimination provision -

DaVita and DVA Renal Health sued the Marietta Memorial Hospital, its employee health plan and Medical Benefits Mutual Life Insurance, alleging the defendants discriminated by reimbursing renal dialysis providers at low rates so that patients would switch to Medicare. In tossing the lawsuit in 2019, a District Court judge ruled the plan’s failure to cover dialysis didn’t constitute discrimination under the Medicare Secondary Payer Act (MSPA). However, the Sixth Circuit’s decision that the MSPA’s anti-discrimination provision is broader than just different individual treatment means at least three of the original seven counts will be sent case back to the district court for further consideration.

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