Kaiser Class Plaintiff Fights Insurer Motion to Dismiss

     SAN FRANCISCO (CN) – A class action plaintiff is fighting Kaiser’s attempt to dismiss her case on procedural grounds. Nicole Glaus claims the hospital and insurance giant does not credit patients with copayments after it collects money from third parties.

     Glaus claims Kaiser refused to credit her for two c-payments totaling $20 that she made when she was treated for injuries from a car accident.
     She says Kaiser demanded reimbursement from the settlement for her personal injury action against the driver who rear-ended her.
Glaus says Kaiser was required to reimburse her for her copayment under terms of its own policy handbook.
     Kaiser contends that she should have complained to it before suing.
     But Glaus says this assertion “is not sufficient,” as she did try to contact the administrator of her medical plan, who “misrepresented the claims procedure as voluntary.”
     Glaus also claims that she was not required to file a complaint with Kaiser first, since Kaiser’s own policy says that its members “can discuss his or her concerns with member services,” but are not obligated to do so.
     Glaus’ lead attorney is Margaret Hasselman with Lewis, Feinberg & Lee of Oakland.

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