
Humana, a leading health insurer, confronts allegations of AI-driven Medicare Advantage denials. Facing a class action lawsuit, Humana seeks dismissal, citing procedural irregularities and a lack of federal basis. The controversy revolves around the use of nH Predict, owned by UnitedHealth Group. While plaintiffs claim wrongful denials, UnitedHealth’s Optum clarifies nH Predict’s role as a guidance tool, not a sole determinant. Humana refutes the accusations as a rehash of previous lawsuits, vowing to vigorously defend its practices. This legal battle signifies the pivotal intersection of AI, healthcare, and legal frameworks.
In the realm of healthcare, technological advancements often promise improved outcomes. However, when AI intersects with insurance coverage, complexities arise. Humana, a frontrunner in the industry, finds itself entangled in a legal dispute over the use of AI algorithms in Medicare Advantage determinations. Allegations suggest that AI tools, particularly nH Predict, have led to wrongful denials of care. This case underscores broader debates surrounding the ethical use of AI in healthcare decision-making and the balance between technological innovation and human oversight.
Humana, a prominent health insurer based in Louisville, Kentucky, is currently embroiled in a legal battle over allegations of wrongful denial of care to Medicare Advantage beneficiaries. The company is seeking to have a class action lawsuit dismissed, which accuses it of utilizing an AI algorithm to make coverage determinations.
The Legal Motion
Lawyers representing Humana have filed a motion to dismiss the case in the U.S. District Court for the Western District of Kentucky on March 20th. Their argument revolves around the claim that the plaintiffs haven’t exhausted all available appeal options and have instead relied on a mixture of state laws rather than federal Medicare standards.
Allegations and Tool in Question
The lawsuit, initiated in December, was brought forth by two Humana Medicare Advantage beneficiaries. They contend that the insurer employed an AI tool called nH Predict to deny coverage for post-acute care. Notably, nH Predict is owned by UnitedHealth Group, and a similar lawsuit against UnitedHealth Group is already underway, alleging similar wrongful denials of care.
Clarification on nH Predict’s Usage
Despite being at the center of the controversy, UnitedHealth’s Optum clarified that nH Predict isn’t directly involved in making coverage determinations. Instead, it serves as a guide to inform providers, families, and caregivers about the kind of assistance and care a patient might require, both in a medical facility and upon returning home. The actual coverage decisions, Optum asserts, adhere to CMS coverage criteria and the member’s plan terms.
Counterarguments by Humana
Humana’s legal team has countered the allegations, labeling the lawsuit as essentially a duplication of a previous action filed against another Medicare Advantage Organization by the same law firm. They argue that the allegations lack merit and have been simply copied from a prior case.
Humana’s Defense
A spokesperson for Humana expressed the company’s firm stance in defending against what they perceive as baseless accusations of wrongdoing. They vehemently denied the claims that Humana utilizes AI tools independently to make adverse coverage determinations without human intervention or oversight. Additionally, they highlighted that the coverage determinations in question had been scrutinized and upheld at every level of administrative review sought by the plaintiffs.