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Payer v. providerOn appeal

Aetna Health Inc. v. Radiology Partners, Inc.

M.D. Fla. → 11th Cir. · Updated

Summary

Aetna alleged that Radiology Partners routed claims through an out-of-network Florida practice to win inflated IDR awards. On April 16, 2026, the Middle District of Florida dismissed the amended complaint with prejudice: the alleged fraud was discoverable before or during IDR, and the remaining claims were preempted. Aetna appealed to the Eleventh Circuit, where briefing is under way.

Timeline of rulings

  1. 11th Cir.

    Appellees' response brief filed; appeal pending.

  2. M.D. Fla.

    Notice of appeal to the Eleventh Circuit filed by Aetna.

    Read the ruling
  3. M.D. Fla.

    Motion to dismiss granted with prejudice; fraud was discoverable with due diligence before or during IDR, so vacatur unavailable; remaining claims preempted by the NSA and FAA.

    Read the ruling

Why it matters

The ruling applies the Eleventh Circuit's narrow FAA vacatur standard to a payer's fraud theory and signals that objections a payer could have raised before the IDR entity may not support a later lawsuit.

Sources

  1. Aetna Health Inc. v. Radiology Partners, Inc., Order (M.D. Fla. Apr. 16, 2026)
  2. O'Neill Institute tracker — Aetna v. Radiology Partners (M.D. Fla.)
  3. O'Neill Institute tracker — Aetna v. Radiology Partners (11th Cir. No. 26-11607)

General information only, not legal advice. Verdict Consulting Group is not a law firm.