Kaiser Avoids Class Action for Now

     SAN FRANCISCO (CN) – A federal judge dismissed on procedural grounds and without prejudice a class action that claimed Kaiser cheats policyholders by refusing to reimburse them for copayments.

     U.S. District Judge Maxine Chesney did not address that issue in her ruling, but found that the named plaintiff had failed to exhaust her administrative remedies.
     Nicole Glaus claimed Kaiser refused to credit her for two co-payments, totaling $20, that she made when she was treated for injuries from a car accident.
     Glaus says Kaiser was required to reimburse her under terms of its own policy handbook, but that Kaiser demanded reimbursement from the settlement from her personal injury action against the driver who rear-ended her.
     In her opposition to Kaiser’s motion to dismiss on procedural grounds, Glaus acknowledged that she did not submit a grievance with Kaiser.
     Chesney found that Glaus was required to exhaust her administrative remedies before filing a lawsuit.
     Glaus’ lead attorney is Margaret Hasselman with Lewis, Feinberg & Lee of Oakland.

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