Court Awards Damages and Issues Permanent Injunction on Behalf of Providers Who Faced Recoupments by Independence Blue Cross
The United States District Court for the Northern District of Illinois has awarded damages and a permanent injunction to two Philadelphia-area chiropractors who were subjected to post-payment recoupments by insurer Independence Blue Cross ("IBC"). The Court had previously issued a permanent injunction against IBC on behalf of the Pennsylvania Chiropractic Society ("PCA"), holding that IBC's recoupments failed to comply with the due process requirements of the Employee Retirement Income Security Act ("ERISA"). However, the Court's new decision extends similar injunctive relief directly to the individual providers, Mark Barnard, D.C. and Barry Wahner, D.C., who testified on behalf of the PCA in a December 2013 trial. The new decision also requires that IBC repay, with interest, the money it recouped from Drs. Barnard and Wahner.
The Court's opinion can be viewed here, and the Court's permanent injunction can be viewed here. The Maul Firm represented Drs. Barnard and Wahner in conjunction with co-counsel including Zuckerman Spaeder LLP.