What the Lawsuit Alleges
Filed in late 2023 by the families of two deceased Medicare Advantage beneficiaries, the class action alleges UnitedHealth used an AI tool called nH Predict — from its naviHealth subsidiary — to decide how much post-acute care, such as skilled-nursing or in-home rehabilitation, elderly patients should get, and to cut off coverage prematurely. The suit alleges the tool effectively overrode physicians and that around 90% of its denials were reversed on appeal — suggesting the denials were frequently wrong.
The claim is that the company used an unreliable algorithm to deny medically necessary care in bad faith.
The Status
The case is proceeding, and a federal magistrate judge ordered UnitedHealth to turn over a wide range of documents about how nH Predict was built and used — a significant discovery win for the plaintiffs. UnitedHealth’s Optum unit disputes the allegations, characterizing nH Predict as a care-support tool rather than a claims-adjudication tool, and says physicians make the medical-necessity calls.
The case sits alongside the Cigna algorithm suit in a broader reckoning over automated insurance decisions.
What Patients Should Know
Medicare Advantage members can appeal a coverage cutoff for skilled-nursing or rehab care, and expedited appeals exist when care is ending. Given how often such denials are overturned, appealing is often worthwhile. Keep the denial notice, the care plan and the provider’s documentation of medical necessity.
Before You Act
Thinking About Filing a Claim?
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UnitedHealth nH Predict Lawsuit: The AI Care-Denial Claims: Frequently Asked Questions
Answers to the most common questions about this case and your legal options.
What is nH Predict?
An AI tool from UnitedHealth's naviHealth unit that the lawsuit alleges was used to decide and prematurely cut off post-acute care for Medicare Advantage patients, allegedly overriding physicians.
What does the lawsuit claim?
That UnitedHealth used an unreliable algorithm to deny medically necessary rehabilitation care in bad faith, with about 90% of appealed denials later reversed.
Can I appeal a Medicare Advantage care denial?
Yes, including expedited appeals when care is ending. Many such denials are overturned on review; keep the denial notice, care plan and medical-necessity documentation.
Legal Disclaimer
This article is general legal information, not legal advice, and does not create an attorney-client relationship. Case status, eligibility criteria, and any amounts described are as reported at the date shown and may change. Consult a licensed attorney in your jurisdiction about your own situation.