Viera considered the operation to be medically necessary for the patient, who was covered under a corporate plan administered by Aetna under the Employee Retirement Income Security Act, according to court records. Aetna approved a prior authorization for the procedure, the complaint said.
Viera’s lawsuit aims to force Aetna to disclose the repricing guidelines it used. ERISA penalizes insurers up to $110 per day for withholding administrative details from suppliers, and Viera looks to be awarded more than $89,000 over Aetna’s alleged refusal to disclose the information, according to court records.
Surgery Center of Viera has previously filed two similar suits against Cigna and Aetna subsidiary Meritain Health.
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