Biden administration asks judge to toss out Humana’s Medicare Advantage audit lawsuit

The Department of Justice has asked a federal judge to dismiss a lawsuit brought by Humana, which alleged the government’s new audits of Medicare Advantage plans are unlawful.

And if the lawsuit isn’t thrown out, the DOJ said in a new legal filing, at a minimum, it should be moved to a different federal court in Texas — away from a judge that has a track record of striking down federal health care laws.

The DOJ’s main contention with Humana’s lawsuit is that Humana has not been hurt under the new Medicare Advantage audit regulations because those audits haven’t been rolled out yet, and won’t be for a while. But the Biden administration also insinuated in its official response that these new auditing rules are more vague and have less teeth than previously advertised.

STAT+ Exclusive Story

Already have an account? Log in

This article is exclusive to STAT+ subscribers

Unlock this article — and get additional analysis of the financial innards of our health care system — by subscribing to STAT+.

Already have an account? Log in

Already have an account? Log in

Individual plans

Group plans

Monthly

$39

Totals $468 per year

$39/month Get Started

Totals $468 per year

Starter

$30

for 3 months, then $39/month

$30 for 3 months Get Started

Then $39/month

Annual

$399

Save 15%

$399/year Get Started

Save 15%

11+ Users

Custom

Savings start at 25%!

Request A Quote Request A Quote

Savings start at 25%!

2-10 Users

$300

Annually per user

$300/year Get Started

$300 Annually per user

View All Plans

Get unlimited access to award-winning journalism and exclusive events.

Subscribe

Log In