Civil Procedure,
Health Care & Hospital Law
Jul. 28, 2023
Doctor’s group has standing to challenge health plan policies and could improve access to better care
The California Supreme Court decision is an important development for the many providers that lack the resources necessary to challenge health plan policy changes and must rely on their membership associations like CMA to seek injunctions against health plans that implement new policies.
Last week, the California Supreme Court held that the California Medical Association had standing under California’s unfair competition law to pursue claims against a health insurance plan because CMA incurred staff time costs challenging a new policy of the health plan.
In most industries, the standard for commercial contracts is that a contract can only be amended upon mutual consent. For many years in the health care industry, however,...
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