Texas doctors sue CIGNA over service "theft"

Doctors' claim filed in state court accuses the insurer of stealing their medical services. The firm says the complaint is unwarranted.

By Tanya Albert, AMNews staff. Oct. 22/29, 2001.

Nearly 30 Texas physicians filed a lawsuit against CIGNA Healthcare of Texas Inc., earlier this month, saying they're fed up with the way the insurance company has treated them and frustrated that discussions haven't resulted in changes.

The lawsuit accuses the company of breach of contract and breach of good faith and fair dealing. And using a unique tactic, the lawsuit also claims that CIGNA violated the Texas Theft Liability Act by stealing their services. They say the thefts occurred when the company didn't pay them for care they provided to CIGNA patients.

"Our goal is very simple," said Robert J. Provan, one of the attorneys representing the physicians. "It is to see that Texas doctors are paid for their services. ... The purpose of this lawsuit is to save the medical practices of thousands of Texas physicians who are being pushed to the edge of financial ruin by a company that refuses to pay its debts."

The complaint, filed in the District Court of Travis County, asks for class action certification. It is one of a growing number of lawsuits that physicians have filed in state courts against large health insurance companies.

Physicians in Connecticut, Illinois and New York have filed similar suits in their states. Connecticut physicians earlier this year received class action certification for their suit against Anthem Blue Cross Blue Shield of Connecticut, in which all physicians in the state will be plaintiffs. A state court judge in Illinois has ruled that a case against CIGNA filed there will be expanded to include physicians nationwide. Lawsuits seeking class action status also are pending in federal court in Miami. [...]