SAN FRANCISCO (CN) - Kaiser Foundation Health Plan is fighting a class action on procedural grounds, saying the plaintiff should have asked Kaiser first. The plaintiff class says Kaiser does not credit patients with co-payments after Kaiser collects the money from a third party, in essence getting double payment.
A Kaiser spokesman was dimissive of the complaint, saying, "It sounds to us like she just wants her $20," a Kaiser spokesman said. "But we don't even have a record of any phone calls from her."
In its motion to dismiss, Kaiser claims that Nicole Glaus lacks standing to claim that Kaiser does not reimburse policyholders for copayments after getting third-party settlements. It claims that "a bare conclusory allegation should not operate as a free pass to full-blown litigation."
Glaus alleged that Kaiser failed to credit her for two copayments totaling $20 after she obtained a settlement for injuries from a car accident in which another driver rear-ended her. Kaiser had to reimburse her for the copayment under terms of its own policy handbook, says Glaus.
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