Horvath v. Keystone Health Plan East,
No. CIV. A. 00-416 (E.D. Pa. Feb. 22, 2002)
The
United States District Court for the Eastern District of Pennsylvania granted
summary judgment in favor of an HMO and against a woman claiming that the HMO
breached its ERISA fiduciary duty to disclose the financial incentives provided
to HMO physicians. Because the HMO had no affirmative duty to disclose these
incentives, absent a request by beneficiaries (which were not made by the woman),
the court dismissed the woman's claim with prejudice.