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CIGNA settlement delivers for psychologists
(July 2006 Issue)

By Elinor Nelson

Speaking of the $11.5 million settlement between CIGNA and non-physician health care providers, Russ Newman, J.D., Ph.D., says "This is a disincentive to behave that way in the future." Newman is the American Psychological Association's executive director for professional practice. The settlement results from a class action lawsuit alleging that 10 managed care companies conspired to reduce and delay payments to providers; psychologists have gotten almost $2.2 million of the settlement. Newman is "optimistic that other defendants will take the lead from CIGNA, and settle as well." The deadline for filing claims was May 2005.

This is a "mirror case," according to Newman, to a lawsuit filed by physicians against managed care companies. Seven of 10 defendants have settled in that case and the non-physicians are watching it closely.

In both cases, the managed care companies were alleged to have used "down coding" to reduce payments. This term means that the companies systematically decreased reimbursements by changing CPT codes to less remunerative services. The settlement with CIGNA calls for the company to reform its services and policies as well as make financial payments to the claimants. CIGNA will be using its Web site to make various transactions with psychologists and other health professionals easier and faster, while also making its operations and procedures more transparent. Additionally, it will update the listing of psychologists in its network.

The $11.5 million is being paid to a settlement fund to be split among non-physician providers who offered services to CIGNA subscribers or other defendants from Jan. 1, 1990 to 2004. About 17,000 claims have been filed on behalf of mental health professionals. The APA reports that 4,000 psychologists will receive settlement money, with an average payout of $540. Even practitioners who did no work for CIGNA were permitted to file claims as long as they had worked for any of the other defendants.

CIGNA agreed to pay even providers who they hadn't contracted with because of the conspiracy allegation. However, psychologists who did not work for CIGNA received only $212.13. The highest payout to psychologists, says the APA, was to a group that received $10,000. Other named defendants were Humana, Health Net, Prudential, Pacificare, Wellpoint/ Anthem, United Healthcare, Aetna and Coventry Health Care.

"We're glad that some psychologists will be able to get reimbursed for some claims that should have been rightfully paid to begin with," says Newman. "A case like this which results in an $11.5 million settlement is significant money. This is more than just the cost of doing business. They must have imagined that at trial it could have been more."