1st of Its Kind ACA Case Results in $19M Win

Case

Highlights

This case involved a dispute over what health insurance companies should pay emergency room doctors who treat people out-of-network.

Attorneys

Collin Kennedy

Practice Type

Commercial Litigation

Time

3 years

The Challenge

This case was challenging because it was the first case of its kind and everyone has strong opinions about health care, both good and bad.

Legal Strategy

This was a landmark case over the proper rate that health insurance companies should pay out-of-network emergency room doctors under the Affordable Care Act. HKH represented the plaintiffs, ACS Primary Care Physicians Southwest and Emergency Services of Texas, and argued that the insurance company, in this case Molina Healthcare, failed to properly pay a customary rate for emergency care performed. Many experts believed this case was set to be the legislative template to be viewed in other states and jurisdictions across the country that are facing the same issue.

Results

The case resulted in the jury awarding the plaintiffs $19M in damages.