Update on Kaiser Plastic Surgery Class Action Lawsuit in CA
*Decision as of 7/21/2015*
Alameda County Superior Court Judge Wynne S. Carvill ruled that Kaiser could not deem excess skin removal surgery as strictly cosmetic and wrote in his 60-page ruling that doctors can determine if post bariatric weight loss surgery patients seeking removal of excess skin qualify for a referral.
“While not all members of the class may qualify for excess skin removal surgery and many who do may choose not to undergo such a procedure, they all have a common interest in being correctly advised as to the availability of coverage for such procedures and to have their physicians evaluating any request they might make do so under legally correct criteria,” Carvill wrote.
The judge disagreed with Kaisers claim that excess skin is not a disease. He also rejected the plantiff’s request to deem denials for every class member violated the law, the judge found denials may have been appropriate in cases and that not all patients desire or seek skin removal surgery.
HW:330 - GW:150 - MW:118-125
RW:190 - CW:130