Jennifer Hanscom, CEO
For the past year, the WSMA has been active on the legal front advocating on behalf of the profession, and you, our members. You read recently in the WSMA Membership Memo about our action against the U.S. Department of Health and Human Services to stop the deletion of vital public health and science data. The lawsuit stems from actions taken by the federal administration to delete or remove numerous websites or data sources that physicians, nurses, scientists, public health professionals, and others rely upon on a wide range of topics including pregnancy risks, opioid-use disorder, the AIDS epidemic, and more.
To update you on the case, between now and Aug. 17, the WSMA and our co-plaintiffs are looking for individuals and organizations to submit declarations of harm. The process is simple and requires only a 20-minute interview with the legal team, who will then draft the declaration on the organization’s or individual’s behalf.
These declarations or stories will humanize the harm and cut through the legalese and bureaucratic jargon that is otherwise pervasive in these types of cases. The more stories and details we can provide, the more convincing and powerful our case will be. To learn more about the case and what’s involved with submitting a declaration, visit the WSMA website. If you or your organization would like to submit a declaration of harm, simply email WSMA Director of Communications Graham Short, who will connect you with the legal team to schedule your interview.
In other legal news, the WSMA executive committee voted this week to join as a plaintiff in an antitrust lawsuit against Multiplan, brought forward by the American Medical Association and the Illinois State Medical Society. At the heart of the suit is the claim that a large group of health insurance companies conspired to underpay out-of-network claims made by physicians.
The lawsuit, filed in the Northern District of Illinois, seeks to hold Multiplan accountable for its role in an unlawful multilateral price-fixing scheme that has operated roughly since 2015 and has forced physicians to accept increasingly low payment amounts for out-of-network services, which often do not cover their operating costs. Multiplan has arrangements with several payers operating in Washington state including United Healthcare, Cigna, Aetna, Anthem, and Blue Cross Blue Shield.
The plaintiffs seek an injunction to stop this price-fixing practice.
Your practice may also be entitled to financial damages against Multiplan and other insurance companies by becoming a plaintiff in this matter. You can join the lawsuit as a plaintiff by either choosing a court-appointed law firm or hiring your own firm.
Three lawyers have been appointed as co-lead counsel in the multidistrict litigation over Multiplan’s practices in federal court: Matthew M. Lavin of Arnall Golden Gregory (the direct lawyer for the AMA and ISMS); Hunter J. Shkolnik of Napoli Shkolnik Attorneys at Law; and Christopher A. Seeger of Seeger Weiss LLP.
If you choose the court-appointed law firms, please note that the firms have stated that you will not incur legal fees until your case has been won. You also have the opportunity to obtain a case evaluation at no cost. You can start a free case evaluation here.
In the meantime, the WSMA is making contact with the firms and will keep you up to date on the matter. At this point, there appears to be no deadline to sign on as a plaintiff.
Outside of these matters, the WSMA is involved in several amicus briefs seeking to protect the peer review process and standard of practice in Washington state. As these cases make their way through the court system, we will update you on their status and the impact on the profession.
These are just a few examples of the way the WSMA has your back, raises up your voice, and advocates for the profession. Your involvement and support make it possible for us to do this work on your behalf. We’re here for you and appreciate all the ways you’re there for us. Thank you!