Jerry Flanagan was formerly Consumer Watchdog’s Litigation Director. Flanagan lead Consumer Watchdog’s litigation efforts in the areas of health insurance coverage and access to treatments, internet privacy, the California Public Records Act, and First Amendment issues.
Flanagan spearheaded efforts to address discrimination against those with HIV and other serious illnesses in the era of the Affordable Care Act (aka “Obamacare”).
Flanagan was counsel of record in a case before the United States Supreme Court where he and other Consumer Watchdog counsel represented plaintiffs living with HIV in a suit against CVS for discrimination, including CVS’s failure to provide medically appropriate dispensing of HIV medications and access to necessary counseling. After Consumer Watchdog’s unanimous win in the Ninth Circuit Court of Appeals, CVS petitioned to the high court for review. Review was granted and the case was briefed, but CVS unexpectedly dropped the case, leaving the earlier victory intact. Doe v. CVS Pharmacy, Inc. (9th Cir. 2020) 982 F.3d 1204, cert. granted in part, (2021) 141 S. Ct. 2882, and cert. dismissed sub nom. CVS Pharmacy, Inc. v. Doe, One (2021) 142 S. Ct. 480.
Flanagan exposed the illegal practice of health insurers retroactively canceling coverage and authored a law journal article underscoring the need for reform in health insurance rescission law, Healthy State of Mind: The Role of Intent in Health Plan Rescissions, 43 Loy. L.A. L. Rev. 291 (2009). An “intentional misrepresentation” standard for coverage rescissions, advocated by the article, was adopted in the ACA.
Prior to joining Consumer Watchdog, Flanagan drafted and won passage of one of the nation’s strongest HMO accountability measure, which was signed into law in New Jersey in 2001.
Good news for Blue Cross consumers.Phony Autism Settlement Hides the Real Issues
What's worse than an insurance company that denies a child access to medically necessary treatments for autism? A complicit regulator that's too cozy with the very insurers that they are charged to oversee.
Blue Cross Settlement: Here’s What You Need to Know
Today Consumer Watchdog announced a settlement in our class action lawsuit against Anthem Blue Cross of California.
Anthem Blue Cross Consumers in “Death Spiral†Will Have Options to Change Coverage, Benefit from Rate Caps Under Class Action Settlement
Santa Monica, CA -- A California Superior Court judge has preliminarily approved the settlement of a class action lawsuit alleging that Anthem Blue Cross, the California subsidiary of the nation’s largest health insurer, WellPoint Inc., used enormous rate hikes to force patients into lower-benefit and higher-deductible health coverage in violation of state law.
12.5 Million People Want to Know … What Up’s with the Fogel Settlement?
By the end of this week, 12.5 million current and former Farmers insurance customers across the country will 
get a notice in the mail about a pending class action settlement. That notice provides consumers information about their rights under the settlement, which provides $455 million to consumers. Consumer Watchdog has intervened in the lawsuit to object to the settlement on the following grounds:
Were you slammed by an ‘out of network’ anesthesia bill?
Consumer Watchdog is investigating a pernicious threat to your pocketbook: the out-of-network medical specialist, particularly in hospitals. We’re trying to confirm how widespread the problem is, and need your help.