Judge OKs More Evidence in Health-Plan Suits

Aetna Inc., Humana Inc., Cigna Corp. and other health insurers have to turn over more documents to the doctors suing them, a judge ruled. The physicians say the companies engaged in racketeering and broke contracts by not paying claims on time.

U.S. District Judge Federico Moreno lifted a stay on discovery in the lawsuits, allowing lawyers to gather more evidence as they seek to prove that the suits qualify for class-action status. That would increase any liability for the health-maintenance organizations. The order, dated Tuesday, may open the HMOs to subpoenas and subject executives to depositions by attorneys for the doctors.

Moreno hasn’t ruled on the class-action claim and hasn’t determined whether the lawsuit allegations meet the legal definition of racketeering. The order doesn’t affect suits filed by patients who allege the HMOs limited medical care. Harley Tropin, a Miami lawyer who is co-lead counsel for the plaintiffs, said Moreno’s scheduling of a pretrial conference with attorneys in July 2002 means he intends to let the case go to trial.