Humana lodged a federal complaint Sept. 3 against Bayer AG and its acquired company, Monsanto, the business behind the weedkiller Roundup, seeking recoveries to address payments for Medicare Advantage members’ non-Hodgkin lymphoma-related care.
Roundup’s active ingredient, glyphosate, has previously been linked to cancer risks. The lawsuit, filed in the U.S. District Court for the District of New Jersey, follows Monsanto’s proposed $7.25 billion settlement in February to resolve Roundup claims alleging non-Hodgkin lymphoma injuries. The settlement would act as a long-term compensation program, addressing current and future claims. Monsanto announced other settlement agreements in 2020, as well.
However, Humana argues the February proposal does not confirm reimbursement for Medicare Advantage organizations that have already paid for relevant care. While the settlement acknowledges government payers, it establishes an “other insurers” category, including contracted payers. The complaint said this settlement lacks a “functional” lien-resolution program.
“Instead, the settlement purports to move the financial risk away from Monsanto and onto individual cancer patients, while assigning only general responsibilities to a healthcare compliance administrator,” the lawsuit said.
Legislation from 1980 designates Medicare as a “secondary payer” in certain situations when another organization should bear the responsibility. The lawsuit also alleged Monsanto and Bayer have not independently satisfied their primary-payer obligations under prior settlements.
Humana is seeking reimbursement and double damages under the lawsuit.
“The company honors its obligations with respect to valid liens in settlement agreements and will respond to this complaint in court in due course,” Monsanto said in a statement shared with Becker’s.
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