Kaiser Took More Than Owed, Says Class

9-28-2009 16:43:00

     SAN FRANCISCO (CN) - Kaiser Foundation Health Plan does not reimburse policyholders for their co-payments after getting third-party settlements, pocketing more money than it is actually owed, according to a federal class action.
     Lead plaintiff Nicole Glaus claims Kaiser refused to credit her for the co-payment she made when she was treated for injuries from a car accident. She says Kaiser demanded reimbursement from the settlement from her personal injury action against the driver who rear-ended her.
     Glaus says Kaiser was required to reimburse her for her co-payment under terms of its own policy handbook.
     "Kaiser is breaking its own rules by taking money they're not entitled to," said the plaintiff's lead attorney Daniel Feinberg, of Oakland. "We think this is a pervasive problem."
     The class, which Feinberg estimates in the thousands, asks that Kaiser be ordered to repay them for co-payments, and be enjoined from violating its own policies.
     Kaiser Permanente declined to comment, saying it had just received notice of the litigation.