Huberty observed that patients, including those with severe conditions like strokes, were being denied care that would have been approved under traditional Medicare. This led to patients losing weeks of necessary therapy and potential loss of function.
Approximately 31 million people use Medicare Advantage, according to the Kaiser Family Foundation.
The algorithm is called NHPredict, developed by Senior Metrics and later acquired by NaviHealth.
The algorithm is estimated to save UnitedHealthcare and other insurers billions of dollars a year by cutting costs in post-acute care, which is a significant expense for health insurance companies.
Over 90% of denied claims are overturned upon appeal, according to the lawsuit against UnitedHealthcare.
The lawsuit is in the pretrial discovery process, with no trial date scheduled yet.
Case managers were instructed to keep patient stays in nursing homes within 1% of the number of days projected by the algorithm, limiting their discretion to deviate from the AI's recommendation.
Obermeier argues that the current use of AI eliminates human oversight, leading to unjust decisions. He also criticizes the incentive systems that reward adherence to algorithms rather than clinical judgment.
Huberty suggests that denials should only occur due to a change in the patient's condition, that treating medical professionals should have an override for denials, and that automatic denials should be stopped unless prompted by a change in condition.
Ross advises individuals to know their rights, ask questions about the decision-making process, and appeal denials. He notes that overturn rates are high (80-90%) when appeals are pursued.
UnitedHealth is facing a class-action lawsuit alleging that the company misused AI to deny specific insurance claims.
The suit raises questions about how health care companies use AI and how it affects the care people receive.