New class action lawsuit against ACA

Discussion in 'Too Hot for Swamp Gas' started by g8orbill, Apr 27, 2014.

  1. g8orbill
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    g8orbill Gators VIP Member

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    http://www.washingtontimes.com/news/2014/apr/23/obamacare-class-action-suit-opens-a-new-legal-fron/

    from the article:

    Lawrence Basich is on the hook for $400,000 in medical bills that would have been paid by his insurer had his application been processed correctly by Nevada’s Obamacare exchange.

    In a closely-watched class-action lawsuit now gathering steam, Mr. Basich is one of two named plaintiffs in the suit against the state-run exchange — and the company that built it — that claims thousands of residents paid for health insurance, but never got covered because of technical glitches on the portal.


    The suit may be the first since the Obamacare rollout that pits actual consumers against both the state and its contractor, in this case, Xerox Corp.

    Other states that opted to set up their own private insurance markets — including Oregon, Maryland, Massachusetts, Vermont — have withheld payments, renegotiated contracts or threatened to sue their web vendors over faulty exchanges, but a civil complaint filed this month in Clark County, Nev., says residents were left in the lurch because both entities failed to deliver.

    “The [Nevada state exchange} and Xerox have utterly failed to create a system that works as advertised, and as a result, thousands of Nevadans remain uninsured despite payment of insurance premiums,” the lawsuit by Las Vegas attorney Matthew Q. Callister contends.
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  2. rivergator
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    rivergator Well-Known Member

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    actually, it's not against the ACA. It's against the state of Nevada and Xerox.
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  3. MichiGator2002
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    MichiGator2002 VIP Member

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    Based on a set of facts caused solely by the passing and scattershot implementation of the ACA. Would you have been more comfortable with "because" instead of "against"?
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  4. jimgata
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    jimgata Premium Member

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    I know onw thing for sure, my out of pocket payments have increased. The same treatments I have been getting for 3 years and paid by insurance, are now costing me much more. One example- blood work that was originally paid by insurance is now costing in the neighborhood of 100 a month.
  5. g8orbill
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    g8orbill Gators VIP Member

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    while it may start out against 1 state run aca since it is a class action lawsuit it will spread
  6. MichiGator2002
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    MichiGator2002 VIP Member

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    Well, those affected by these claims may join the class, I don't think you would see other states or contractors joined in this action; maybe at the appellate level where the issues the cases below share can be addressed together.

    People can make entire legal careers out of ObamaCare-caused litigation.
  7. fredsanford
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    fredsanford VIP Member

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    Doesn't some responsibility fall to the insured to make sure his coverage is valid?

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  8. DaveFla
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    DaveFla Well-Known Member

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    ...or even paid for?
  9. MichiGator2002
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    MichiGator2002 VIP Member

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    Well, on the federal exchange site, at least, it seems almost singularly designed to mislead on that point. Comes with a giant warm happy "congratulations!" with lollipops and rainbow cats if you have succeeded in choosing a plan... and discreet fine print indicating you need to pay by the due date or you won't be covered. Now, truth, it is the buyer's responsibility (as, um, was their own healthcare the whole time even before this abortion of a law), but that kind of design isn't helping anyone.
  10. wygator
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    wygator Well-Known Member

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    Fred, I'm sure you are aware that making the initial payment has always been acknowledged as "binding" coverage in the insurance business.

    From the article:

    The suit says Mr. Basich suffered a heart attack on New Year’s Eve and had triple bypass surgery and follow-up appointments, only to find out he was not insured during the Jan. 1-Feb. 28 period. He submitted payment in late November for coverage effective Jan. 1, according to the lawsuit.
  11. BigCroc
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    BigCroc Premium Member

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    Class actions work the other way - there may be more plaintiffs joining the suit against the named defendants, but any suits against other states or network providers would obviously be separate lawsuits. Unless you mean that if this suit looks like it has any likelihood of success other litigants and lawyers will smell the blood in the water and will file similar class action suits against other states/
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  12. g8orbill
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    g8orbill Gators VIP Member

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    that is what I mean
  13. Gatorrick22
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    Gatorrick22 Well-Known Member

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    This whole ACA is nothing more than an exorcise in stupidity and grand theft. When will the SCOTUS end this BS extortion law?
  14. GatorFanCF
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    GatorFanCF Premium Member

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    "Doesn't some responsibility fall to the insured to make sure his coverage is valid?"

    First, it was the contractor's fault.
    Next, it was the insurance companies' fault.
    Now, it's the insured's fault.
    Somewhere, someone is producing a movie that will be blamed for this fiasco and be promptly put in jail or droned to death. All in accordance with "the law"of course.
  15. fredsanford
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    fredsanford VIP Member

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    If you think your 2014 coverage is going to pay for services in 2013, you're an idiot.

    This is a problem only single payer could solve.

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  16. BigCroc
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    BigCroc Premium Member

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    The SCOTUS has already declined to reject the law on constitutional grounds. I don't see other grounds upon which a successful legal attack could be made. For those who oppose the law, the fix is simple - repeal it (I would just hope you would have some reasonable alternative in mind).

    The ACA is an imperfect solution to an extremely difficult problem. Having said that, if the law is so terrible why is it supported by the insurance industry and the AMA?
  17. surfn1080
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    surfn1080 Well-Known Member

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    If you can not simply read and comprehend the article, then you are...

    Never mind i wont go down to your level.

    Anyhow it does says between Jan 1st- Feb 28th....
  18. MichiGator2002
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    MichiGator2002 VIP Member

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    The Supreme Court didn't give the thing a categorical constitutional thumbs up, there are other constitutional grounds upon which all or parts can and will eventually be challenged.

    As to your latter question, a cocktail of graft and coercion seems most likely :)
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  19. g8trjax
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    g8trjax Well-Known Member

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    from each according to his means...
  20. fredsanford
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    fredsanford VIP Member

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    The post I quoted mentioned New Year's Eve.

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