Radiology Partners was officially served with the UnitedHealthcare lawsuit this week, nearly three months after the initial court filing.
The nation’s largest commercial healthcare insurer first filed suit April 14, claiming the nation’s largest radiology practice perpetrated a “pass through billing scheme” in its “unscrupulous pursuit of profits.” Per federal rules, the time to serve RP with the complaint was slated to expire on July 13, with a California district court judge prepared to dismiss the case if the action was not completed, according to court documents.
However, Rad Partners has now formally received the summons, a spokesperson confirmed, giving the El Segundo, California-based practice 21 days to issue its initial rebuttal.
“This is the same complaint that was filed nearly three months ago and was oddly just now served after the court indicated that the matter would be dismissed for UHC’s failure to pursue the case. We maintain the complaint is without merit,” Rad Partners said in a statement shared with Radiology Business. “We believe this complaint is part of UHC’s strategy to intimidate providers who challenge UHC’s egregious conduct and another example of UHC’s ongoing attempt to delay and disrupt the conclusion of a significant underpayment dispute already in arbitration involving a Texas-based RP-affiliated practice. We stand by the integrity of RP and our affiliated practices.”
Members of UnitedHealthcare’s media relations team and its attorneys at Robins Kaplan LLP did not immediately respond to a request for comment Thursday. Jenn Bautista was officially served with the summons in this civil action on Wednesday, July 12, at 11:44 a.m., according to court documents.
Rad Partners now has three weeks to file its counter claims or the court, by default, will enter a judgement against the practice “for the relief demanded in the complaint.” UnitedHealthcare claims Rad Partners amassed “tens of millions of dollars in reimbursements” to which it was “not entitled.”
UnitedHealthcare officially filed its “proof of service” on Thursday, July 13, with Judge Michael W. Fitzgerald discharging his “order to show cause” the same day, allowing the case to proceed.
Marty Stempniak has covered healthcare since 2012, with his byline appearing in the American Hospital Association's member magazine, Modern Healthcare and McKnight's. Prior to that, he wrote about village government and local business for his hometown newspaper in Oak Park, Illinois. He won a Peter Lisagor and Gold EXCEL awards in 2017 for his coverage of the opioid epidemic.