Supreme Court of Kansas

EagleMed v. Travelers Insurance

May 13, 2022

Summary

The Kansas Supreme Court reversed the Workers Compensation Board’s order requiring Travelers to pay EagleMed’s full billed amount and remanded the case for the Board to determine whether the charges are "usual and customary" under the 2012 fee schedule, consistent with federal preemption principles. The Court held that the schedule’s requirement for evidence of usual and customary charges is enforceable and that Medicare rates do not apply. It also clarified that the Airline Deregulation Act does not bar the Board’s factual inquiry into those charges.