State LegislationCourthouse News Service

Judge Advances Case Over Cigna Use of Algorithms to Deny Health Claims

February 1, 2024

Federal judge allows class action claims to proceed against Cigna's use of automated algorithms to deny health insurance benefits without individual medical review.

Read the original article at Courthouse News Service

AuthAnnie's Take

Our perspective on this story

Courthouse News Service reported that a federal judge has allowed class action claims to proceed against Cigna's use of automated algorithms to deny health insurance benefits without individual medical review. This ruling is a significant legal development — not because it resolves the question of algorithmic denials, but because it allows a class of potentially hundreds of thousands of affected plan members to pursue their claims collectively. For physician practices, the ruling carries both symbolic and practical significance.

The court's decision to allow class certification means that Cigna cannot simply settle individual claims to avoid a broader reckoning with its denial practices. The class structure forces a systemic examination of how the PxDx algorithm was used, how many claims it affected, and whether the resulting denials met the legal standards for claims adjudication.

What the Court Found

In allowing the class claims to proceed, the court evaluated whether the plaintiffs' allegations shared enough common questions of fact and law to justify class treatment. The key common questions include:

  • Whether Cigna used the PxDx algorithm to deny claims without individualized clinical review
  • Whether Cigna's medical directors engaged in meaningful clinical evaluation of flagged claims, or simply batch-approved algorithmic denials
  • Whether the denial process satisfied Cigna's legal obligations under ERISA and applicable plan terms
  • Whether the class members were denied benefits they were entitled to receive under their plan coverage

The court found that these questions were sufficiently common across the proposed class to warrant class treatment — a threshold that requires the court to conclude that the algorithmic denial process affected class members in a substantially similar way.

Why Class Certification Matters

Individual lawsuits against insurers for claim denials are generally not economically viable. The cost of litigation typically exceeds the value of any single denied claim, which means that payers who deny claims improperly face little risk of legal accountability on a case-by-case basis. Class certification changes this calculus by aggregating the claims and spreading litigation costs across the class.

For physician practices, class certification matters because it creates financial exposure for payers that engage in systematic denial practices. If the class prevails, the damages — calculated across hundreds of thousands of denied claims — could be substantial enough to change the cost-benefit analysis of algorithmic denials. A denial system that saves millions in claim payments but exposes the payer to hundreds of millions in class action liability is no longer economically rational.

Implications for Current Denial Management

The class action is proceeding, but it will take time to reach resolution. In the interim, physician practices should not change their approach to managing Cigna denials based on the litigation. The case may ultimately result in a settlement, a verdict, or further procedural developments that affect only the named plaintiffs and class members.

What practices should do is continue to appeal Cigna denials on their clinical merits, with attention to whether specific denials appear to have been generated algorithmically. Indicators of algorithmic processing include:

  • Denial language that is identical across different patients and different clinical circumstances
  • Denial turnaround times that are inconsistent with individual clinical review
  • Denials based on diagnosis-procedure code combinations rather than patient-specific clinical evaluation
  • Denials that do not reference any specific element of the patient's medical record

When these indicators are present, the appeal should provide comprehensive patient-specific clinical information, emphasizing the individual clinical factors that support the denied service. The appeal is effectively asking the payer to do what the algorithm did not: review the patient's actual clinical situation.

The Broader Legal Trend

This ruling is part of a broader trend of legal, regulatory, and legislative challenges to automated claim denial practices. Combined with congressional investigations, state regulatory actions, and emerging legislation restricting the use of AI in coverage decisions, the legal environment is shifting against payers that rely on algorithms to manage claim volume without adequate clinical oversight.

Physician practices benefit from this trend even if they are not parties to the litigation. The legal pressure contributes to an environment where payers face increasing scrutiny for denial practices that lack clinical rigor. The practical benefit, however, still depends on what happens at the practice level: thorough documentation, systematic appeals, and persistent tracking of denial patterns remain the most reliable tools for revenue recovery.

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