A divided federal appeals court on Wednesday revived DaVita Inc’s lawsuit against an employee-benefits health plan and its administrator, alleging that they discriminate against dialysis centers and patients with end-stage renal disease (ESRD) in an effort to get the patients to switch to Medicare.
In a 2-1 decision, the 6th U.S. Circuit Court of Appeals overturned part of a ruling for the Marietta Memorial Hospital Employee Health Benefit Plan and its third-party administrator, Medical Benefits Mutual Life Insurance Co (MedBen).
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