ASHINGTON,
Feb. 17 — A federal appeals court has expanded patients' rights, ruling that
consumers can sue a health insurance company for injuries resulting from the
company's refusal to authorize medically necessary treatment.
The ruling, issued last week by the United States Court of Appeals for
the Second Circuit, in New York, said that health maintenance organizations
and their medical directors could be sued for medical malpractice when they
made decisions about the treatment of a patient.
In the past, courts have often rejected such claims, saying they were
precluded by the federal law on employee benefits. But the appeals court
said those precedents were no longer binding because the Supreme Court had
established a new framework for analyzing the issue in a 2000 case, Pegram
v. Herdrich.
The Supreme Court held then that some decisions involved both an
interpretation of an insurance contract and the exercise of medical judgment
about how to diagnose and treat a patient's symptoms. The appeals court said
H.M.O.'s could be held accountable for such "mixed eligibility and treatment
decisions" under state standards of medical malpractice.
David L. Trueman, a lawyer who filed the suit, said today: "This ruling
means that there's now no barrier for anyone in New York, Connecticut or
Vermont to sue an H.M.O. when the health plan denies treatment recommended
by a doctor. Millions of consumers have a right they did not have before."
The case, Cicio v. Vytra Healthcare, involved Carmine Cicio of Suffolk
County, N.Y., who had a form of blood cancer known as multiple myeloma. In
1998, his oncologist wrote a letter to Vytra seeking approval to treat Mr.
Cicio with high-dose chemotherapy and a double infusion of Mr. Cicio's own
stem cells. The chemotherapy destroys not only cancer cells, but also normal
blood-producing cells in the bone marrow. The stem cell transplants replace
normal cells killed in chemotherapy.
Mr. Cicio's doctor said the procedure was "a well-established method of
treatment" that offered a better chance of survival than any other therapy.
But Vytra's medical director, Dr. Brent W. Spears, denied the request. The
procedure, he said, was experimental and therefore was "not a covered
benefit."
After an appeal by Mr. Cicio's doctor, the company approved a different
treatment, chemotherapy with a single infusion of stem cells, which doctors
say is often less effective.
Mr. Cicio died in May 1998. His widow, Bonnie Cicio, sued Vytra and Dr.
Spears, saying her husband might have survived if the H.M.O. had promptly
approved his treatment, rather than waiting two months.
Vytra, like many insurers haled into court, said the claims were barred,
or pre-empted, by the federal law on employee benefits, the Employee
Retirement Income Security Act of 1974, known as Erisa.
But the appeals court rejected that argument. "A state law malpractice
action, if based on a `mixed eligibility and treatment decision,' is not
subject to Erisa pre-emption when that state law cause of action challenges
an allegedly flawed medical judgment as applied to a particular patient's
symptoms," said the opinion, by Judge Robert D. Sack.
Dr. Spears was not Mr. Cicio's treating physician, but he apparently made
a medical decision, denying one treatment and prescribing another, the court
said.
"The plaintiff has alleged more than an adverse benefits decision," Judge
Sack declared. "She has also alleged that the defendants made a negligent
medical determination with respect to the treatment of her late husband." If
Vytra and Dr. Spears were making a medical decision, they may have had a
duty to meet the standard of care defined by state law, the court said.
The ruling applies throughout the second circuit, which covers New York,
Connecticut and Vermont. But the opinion is likely to influence judges in
other parts of the country because it comes from a respected court and
provides a comprehensive analysis of H.M.O. liability after several recent
Supreme Court decisions.
The decision was issued by a panel composed of Judges Sack, Barrington D.
Parker Jr., and Guido Calabresi. Judge Calabresi issued a partial dissent,
saying health care providers should not have to face a "patchwork of
liability risk" in different states.
Erisa, the federal law on employee benefits, was for years seen as a
major barrier to compensation for injuries caused by the cost-control
activities of H.M.O.'s. Workers and their dependents could recover the cost
of a service improperly denied, but could not recover damages for lost
wages, pain and suffering or wrongful death.
In an influential 1992 decision, the United States Court of Appeals for
the Fifth Circuit, in New Orleans, considered the case of Florence Corcoran.
Her fetus died after United Healthcare refused to approve a hospital stay
recommended by her obstetrician in the final weeks of a high-risk pregnancy.
Mrs. Corcoran and her husband sued United.
Because of Erisa, the court said, "the Corcorans have no remedy, state or
federal, for what may have been a serious mistake." But the federal appeals
court in New York said the Corcoran case was decided before the Supreme
Court changed the legal landscape with its ruling in the Pegram case.