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.
What’s Farmers going to do with all that money anyway?
This week Consumer Watchdog's legal team called on Farmers Group, Inc. to disclose how it plans to spend
up to $400 million or more in class action settlement funds that are intended for consumers but will revert to the insurance company under the terms of a pending class action settlement.
Columnist Asks: Will Farmers Insurance Settlement Turn Into A Good Deal For Customers? Not Likely…
Today Los Angeles Times columnist Michael Hiltzik takes a hard look at a proposed settlement in a lawsuit against Farmers Insurance opposed by Consumer Watchdog. According to Hiltzik, under the settlement, Farmers would likely keep the lion's share of a $455 million settlement fund intended for consumers while lawyers for the plaintiff would walk away with $90 million in fees.
Did Blue Cross Raise Your Deductible?
David Lazarus' column in the Los Angeles Times (see below) reports that on May 1st, Blue Cross will dramatically increase the annual deductibles on individual health insurance policies, increase premiums, and make other changes to benefits like increasing co-pays.