The CMA has filed a petition for the decision to be reviewed, which has been paired with a letter of support signed by organizations like the American Medical Association.
The initial lawsuit from the CMA cited the Unfair Competition Law after Aetna allegedly limited in-network physicians from referring patients to those out of network, which conflicted with their medical judgement, according to the California Lawyers Association.
Aetna responded by contending that the CMA was not directly harmed by the policy, and the court agreed. The ruling claimed the CMA must show damages to itself, not just to its members, to sue.
The petition for review claims that Aetna’s actions still harmed both the CMA and its members, and that the ruling could set a dangerous precedent under the Unfair Competition Law for membership groups representing their members in court.
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