Kennedy v. United Healthcare of Ohio, Inc.

OPINION AND ORDER

GEORGE C. SMITH, District Judge.

Plaintiffs filed this putative class action on February 2, 1998, asserting claims under the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. §§ 1001 et seq. Plaintiffs seek to enforce the terms of their health maintenance organization (“HMO”) coverage. Plaintiffs aver that defendant, an HMO, improperly failed to pay plaintiffs benefits as required under the plan when it obtained undisclosed discounts from health care providers, but did not reduce plaintiffs’ co-pay which the plan calculates on the basis of a percentage of…