A potential lawsuit could also distribute the “unfair enrichment profits” made by Change Healthcare during the February ransomware attack, according to a physician-proposed resolution to be voted on next week by the 700-member House of Delegates, the AMA’s policymaking body.
“Optum and its parent company UnitedHealth Group continued to collect premiums and had the opportunity to retain significant amounts of money as no claims were being paid, and therefore had the opportunity to collect interest and investment gains on money that should have been paid to practices and other entities, raising the question of unjust enrichment,” the resolution stated.
If the proposal is adopted, the AMA also plans to investigate Optum’s acquisition of practices following the cyberattack “when the ransomware disruption made those practices unable to survive without acquisition” and whether those offices can once again become independent, according to the resolution.
Becker’s reached out to Change Healthcare for comment.
