Insurer’s Antitrust Action Against Physicians Avoids Dismissal

On September 17, 2012, Judge Gustavo Gelpi, District Court Judge for the District of Puerto Rico, denied the defendants' motion to dismiss plaintiff's complaint in Humana Health of Puerto Rico v. Vilaro. In this case, Humana alleged that the defendant, Dr. Vilaro, in concert with several other physicians, unlawfully colluded during the course of their contract negotiations with Humana. Specifically, the Court noted that Humana had alleged that the physicians "included one another in attempted negotiations with Humana via email, copied one another on each other's notification of termination to [Humana], and jointly provided a table setting forth proposed higher rates that were required as a condition to continue providing services to [Humana] patients."