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Text of Seventh Circuit Opinion Finding No Contractual Obligation for Hospital to Reimburse Health Plan Due to Plan's Error (PDF)
U.S. Court of Appeals for the Seventh Circuit
Feb. 6, 2014 "The plan took almost eleven months to determine that the child of its insured was not a plan beneficiary. It's one thing for a seller to refund money or take other reparative measures because of a mistake it's made, and another to do so because the buyer has made a mistake.... the fact that the hospital may on occasion have made refunds in circumstances similar or even identical to this case neither establishes a contractual obligation on the hospital's part to make such refunds, nor could have lulled the Kolbe plan into thinking it took no risk in conducting a dilatory investigation of the eligibility of a child with a very serious medical condition bound to cost a great deal to treat." [Kolbe & Kolbe Health and Welfare Ben. Plan v. Medical College of Wisconsin, Inc., Nos. 12-3837 & 12-3929 (7th Cir. 2014)] MORE >> |
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