On September 9, 2019, Chimicles Schwartz Kriner & Donaldson-Smith LLP, along with co-counsel, filed a renewed Motion for Class Certification in a class action lawsuit against UnitedHealth Group and its affiliated companies related to United’s failure to cover comprehensive breastfeeding support and counseling services as required by the Affordable Care Act (ACA). The ACA requires that non-grandfathered health plans cover, and do so without imposing cost-sharing (i.e. co-pays, deductibles and co-insurance), certain enumerated preventive services, including comprehensive breastfeeding support and counseling services.
On behalf of current and former United insureds, Plaintiffs seek certification of two classes of persons who did not receive the ACA-mandated preventive care coverage for breastfeeding support and counseling services, and, an additional class comprised of persons to whom United provided an incomprehensible reason for the denial of their claims. Plaintiffs seek both injunctive and declaratory relief, including requiring United to adopt and utilize proper claims procedures and standards for out-of-network lactation services claims, and to evaluate and process plaintiffs’ and class members’ claims for out-of-network lactation services received from August 1, 2012 to present under the revised procedures.
The lawsuit is titled Condry et al. v. UnitedHealth Group Inc. et al., Case number 3:17-cv-00183 and is pending in the United States District Court for the Northern District of California.