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Old 01-28-2016, 02:39 PM   #1
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Class action lawsuit?

Has anyone here ever filed a class action lawsuit?

My Humana Medicare advantage program has been charging me, and I'm assuming all their members, brand name prices for 2 of the generic medications I take regularly. After a very frustrating 45 minutes on the phone I was told there was nothing they could do to help me. The supervisor even had the gall to tell me that the information on the Internet was incorrect. When I replied that my previous Medicare provider listed them as generic he put me on hold. After another 10 minute wait he also informed me that there was nothing he could do to help.

I tried filing a fraud claim with Medicare, but their computers are currently down. (that in itself is a scary thought) So I am considering trying to file a class action lawsuit. Any advice?
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Old 01-28-2016, 04:13 PM   #2
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I wish you all the luck in the world on this issue. Medical costs have gotten crazy all across the board. I think it is because the gov't will pay any thing providers say with no questions asked.
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Old 01-28-2016, 04:26 PM   #3
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Usually only the lawyers make out in a class action suit. You'd need to get a group of people together to make it a class action. Better to go through your state insurance regulator, a member of congress, etc. to fight the battle.

I'd first make sure that the medication(s) are truly available as generics, an often tricky proposition. Normally a generic drug becomes available after the original patents run out, but the time can be extended if applied for. Generic drugs can also be equivalent to, but not exactly formulated like the patent brand. Not everyone can take the equivalent 'generic', they might have sensitivities to the changes that prevent a copy of the patent formula. Good luck!
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Old 01-28-2016, 04:47 PM   #4
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Check to see if the state you are in has some sort of assistance available, normally states will have advocates that might be able to help. You might also check with the state Attorney General as to your complaint, this is the type of complaint they love to get as it gets them publicity.
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Old 01-28-2016, 06:07 PM   #5
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Yes, they are truly generics. The HMO I was using until March 2015 was charging me the generic co-pay. And I have been on both of these for 10+ years. Humana is just flat out cheating us. It's not about what it has cost me -- I found an online source that is selling me one of the Rx without insurance for $30.70 less than what Humana wants for just my co-pay.
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Old 01-28-2016, 10:35 PM   #6
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A lot of times newspapers and TV stations have consumer advocates that can take up the cause for you. Most big companies don't like bad press so they may resolve your problem quickly.
Best of luck.
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Old 01-28-2016, 10:43 PM   #7
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I contacted the Dept of Labor since they handle the COBRA oversight. Found a VERY helpful lady that has steered us through some of the minefield for insurance.
There is help out there,you just have to find it and be persistent!
My insurance billed us for an overpayment they made to a provider, after three letters from them I wrote one back and told them the proper way was to contact who they overpaid and get their money back directly. I was also forced to pay for some prescriptions that should have been 100% cover so I told them that was an offset to their claim. They came back again and demanded payment and completely ignored my counterclaim. Called my contact at the Dept of Labor and she agreed that the ins company needed to get the overpayment back from the provider and not us. No word back on my counterclaim though.
Watching the insurance company is a chore but the DW has liver cancer and the bills are horrendous so I do take the time to watch them!
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Old 01-28-2016, 11:28 PM   #8
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Quote:
Originally Posted by okmunky View Post
Yes, they are truly generics. The HMO I was using until March 2015 was charging me the generic co-pay. And I have been on both of these for 10+ years. Humana is just flat out cheating us. It's not about what it has cost me -- I found an online source that is selling me one of the Rx without insurance for $30.70 less than what Humana wants for just my co-pay.
File a complaint with your state Insurance Commissioner. If it WA that office is pretty good at putting pressure on Insurance companies - we had to go through them once with a car accident that wasn't our fault and the insurance company was trying to give us a low ball $ amount.
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