Payer PolicyHealthcare Dive

Cigna Sued Over Algorithm Allegedly Used to Deny Claims

August 1, 2023

Class action lawsuit alleging Cigna used its PxDx algorithm to deny 300,000+ claims in two months without individual medical review, with doctors batch-approving denials.

Read the original article at Healthcare Dive

AuthAnnie's Take

Our perspective on this story

Healthcare Dive reported on a class action lawsuit filed in California alleging that Cigna used its PxDx algorithm to deny over 300,000 claims in a two-month period without individual medical review. The lawsuit represents one of the most significant legal challenges to automated claim denial practices in the insurance industry, and its implications extend far beyond Cigna to every physician practice that has experienced unexplained or seemingly automated denials.

The class action alleges that Cigna's medical directors approved claim denials in bulk, spending an average of 1.2 seconds per review — a timeframe that makes meaningful clinical evaluation of individual patient records physically impossible. For physician practices, this lawsuit puts a legal framework around a problem they have experienced operationally: denials that do not reflect clinical review of the patient's specific circumstances.

The Legal Claims

The lawsuit raises several legal theories that are relevant to physician practices even if they are not parties to the litigation:

  • Breach of plan obligations. Health insurance plans typically require that coverage decisions be based on individual clinical review. The lawsuit alleges that algorithmic denials without individual review violate this obligation.
  • Bad faith claims handling. California law requires insurers to process claims fairly and in good faith. Batch-denying claims based on an algorithm without reviewing patient records may constitute bad faith.
  • Unfair business practices. The lawsuit alleges that Cigna's use of PxDx constitutes an unfair business practice that systematically deprives policyholders of benefits they are entitled to receive.

The class action structure means the lawsuit represents potentially hundreds of thousands of affected plan members — and by extension, the physician practices that provided their care and submitted the denied claims.

What This Means for Denial Management

The lawsuit highlights the importance of understanding why a denial was issued, not just that it was issued. When a practice receives a denial, the standard response is to evaluate the stated reason and decide whether to appeal. But if the denial was generated by an algorithm without clinical review, the stated reason may not reflect an actual clinical judgment about the patient's care.

This distinction matters for appeal strategy. An appeal against a denial that was based on genuine clinical disagreement requires different evidence and argumentation than an appeal against a denial that was generated automatically. In the latter case, the appeal may be the first time anyone at the payer actually reviews the patient's clinical information — which means the appeal letter and supporting documentation are not countering a clinical opinion but providing the initial clinical case.

Practices should consider this when crafting appeals for Cigna denials, particularly those that appear formulaic or that arrive with unusually fast turnaround times. If the denial does not reflect familiarity with the patient's specific clinical situation, the appeal should present the full clinical picture as if it is being seen for the first time — because it may be.

The Broader Industry Impact

This lawsuit is part of a growing wave of legal, regulatory, and legislative challenges to automated claim denial practices. The ProPublica investigation that initially exposed the PxDx system triggered congressional inquiries. State regulators have begun examining the use of algorithms in coverage decisions. Several states have introduced legislation requiring human clinical review before claims are denied.

For physician practices, the question is not whether these challenges will eventually change payer behavior — they likely will, over time. The question is what to do in the interim. The answer is the same regardless of the legal landscape: document thoroughly, submit complete claims, track denial patterns, and appeal every clinically justified denial with patient-specific evidence.

Tracking Your Cigna Denial Patterns

Practices with significant Cigna patient populations should conduct a focused analysis of their Cigna denial data. Look for patterns that may indicate algorithmic processing:

  • Denials with identical or near-identical language across different patients
  • Denials issued within 24-48 hours of claim submission
  • Denials based on diagnosis-procedure code combinations rather than patient-specific clinical factors
  • Clusters of denials for the same service category across different patients in the same time period

This data has value beyond individual appeals. It can inform regulatory complaints, support payer contract negotiations, and provide evidence if practices choose to participate in legal actions related to systematic denial practices.

The class action is a significant development. But the most important action physician practices can take is the one they can control: building appeal processes that are thorough enough to overturn denials whether they were issued by a human reviewer or an algorithm.

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