Earlier this week, CHA took the next step in an important lawsuit against Anthem Blue Cross. The good news: A Los Angeles Superior Court previously sided with CHA on the merits of the case and recently denied Anthem’s efforts to close off appeal. The bad news: The court previously decided it would “abstain” from further involvement — that is, from providing a remedy. CHA has now filed paperwork to appeal that abstention and seek remedy.
CHA’s lawsuit against Anthem, one of California’s largest health insurance companies, asserts that the insurance company consistently leaves thousands of its patients stranded in hospital beds long after they have been medically cleared for discharge — a violation of California law.
The data show that victims of discharge delays are forced to stay in hospitals longer, are deprived of timely post-hospital health care services, and cause backlogs for other patients who have to wait longer for hospital beds.
This week’s filing of a notice of appeal means that there will be another opportunity — before a higher court — to seek relief from the judicial system. This is especially important given the fact that the Superior Court has already found it is health plans’ responsibility to arrange for and transition to post-acute care services for their members.
As hospitals and health systems begin to digest the impact of the One Big Beautiful Bill Act — legislation that enacts the largest health care cuts in the nation’s history — it’s critical that commercial insurance companies step up to the plate to support health care services that are now in grave jeopardy. The status quo of delays, denials, and red tape cannot stand in this new environment.
California already has some of the strongest laws in the nation governing insurance company practices. It’s long past time that the insurance companies putting their bottom lines over patient care are held accountable for following the law.
Now that the notice of appeal is filed, each side will submit briefs to the appellate court arguing their positions on the issues, an appellate court three-judge panel will hear oral arguments, and the appellate court will issue its decision.
We will continue to keep you posted as the lawsuit continues through the process, as well as on the ongoing fight for greater accountability for insurance companies.
