Colorado Medical Society (CMS) is a plaintiff in the In re MultiPlan Health Insurance Provider Litigation, a federal antitrust case alleging that MultiPlan and major health insurers colluded to suppress out-of-network reimbursement rates paid to physicians and other providers. CMS is seeking an immediate end to this anti-competitive conduct.

On June 24, Judge Kennelly denied the defendants’ motion to amend their pleadings to assert an “unclean hands” defense. The defendants sought to allege that improper billing practices by the plaintiffs inflated the reimbursement amounts they bill to the payers, and that the plaintiffs are barred from bringing antitrust claims as a result. Judge Kennelly rejected the defendants’ request, ruling that defenses like “unclean hands” can’t be used to hinder enforcement of federal antitrust law.

At the June 26 case management conference, Judge Kennelly granted a motion by several bellwether plaintiffs to name additional alleged co-conspirators as defendants. The parties and Judge Kennelly also discussed the ongoing exchange of evidence from the defendants and scheduling orders for upcoming deadlines, source code production, and trial dates.

The case remains in active discovery, with the 36 bellwether plaintiffs continuing to have their cases worked up for trial. However, any member who wants to file a case still can do so. Members who believe they’ve been impacted by MultiPlan’s practices are encouraged to reach out to your preferred attorney or the firms the AMA has secured for discounted legal support for CMS members, napolilaw.com/multiplan.