A judge denied a motion to dismiss a lawsuit alleging a broker kickback scheme involving CVS Health’s Aetna, Elevance Health and Humana, according to a March 25 filing in the U.S. District Court in Massachusetts.
The judge also ruled that Medicare Advantage brokers GoHealth, SelectQuote and eHealth will continue to face litigation. In 2025, the government decided to intervene and the Department of Justice filed the sweeping lawsuit, building on a 2021 whistleblower complaint. The lawsuit alleged that, between 2016 and 2021, insurers agreed to pay brokers “hundreds of millions” in exchange for marketing services that steered beneficiaries away from competitor plans.
The lawsuit also said Humana and Aetna arranged payments to be hinged on limiting the number of beneficiaries enrolled with disabilities. This may have interfered with how brokers treated those with disabilities who were seeking Medicare coverage.
The latest filing allows the government to move forward with the kickback and discrimination concerns, but the judge dismissed the unjust enrichment claim. The court said there is a sufficient legal alternative, the False Claims Act, to recover money.
In a statement shared with Becker’s, eHealth said it “is disappointed” with the decision and denies the allegations.
“As we have consistently stated since first disclosing this matter, eHealth has cooperated fully with the Department of Justice and remains confident that we have operated in compliance with applicable regulations,” the brokerage said. “We intend to vigorously defend ourselves as the case moves forward. eHealth remains committed to providing unbiased, expert guidance to consumers navigating the complexities of health insurance.”
MA marketing practices have been subject to scrutiny in recent months. In July, HHS said it kicked off a study into “misleading” efforts. In August, a SelectQuote shareholder filed a proposed class action against the broker and its leaders, alleging the company misled investors amid the DOJ investigation.
CVS and Aetna declined to comment. Becker’s also contacted Elevance, Humana, GoHealth and SelectQuote and will update this story if more information becomes available.
At the Becker's 5th Annual Fall Payer Issues Roundtable, taking place November 2–3 in Chicago, payer executives and healthcare leaders will come together to discuss value-based care, regulatory changes, cost management strategies and innovations shaping the future of payer-provider collaboration. Apply for complimentary registration now.
