Federal court appoints independent fiduciary as claims administrator of Medova arrangement

KANSAS CITY, MO – A consent order entered by the U.S. District Court for the District of Kansas has appointed Receivership Management Inc. – an independent fiduciary based in Madison, Tennessee – to serve as claims administrator and oversee employee benefit plans and assets previously administered by Medova Healthcare Financial Group. As an independent fiduciary, the company will work to negotiate and pay outstanding health claims for participants of the arrangement.

The court order is an agreement between the U.S. Department of Labor; Medova Healthcare Financial Group LLC of Wichita, Kansas; its president and CEO Daniel L. Whitney; chief operating officer Michelle Willson; and Midlands Casualty Insurance Co. Inc. following a complaint the department filed on Dec. 9, 2020.

An investigation by the department’s Employee Benefits Security Administration alleged that the defendants’ misuse of the Medova arrangement’s funds created a critical funding deficiency for Lifestyle Health Plans and other employer-sponsored employee benefit plans covered by the Employee Retirement Income Security Act.

“As an independent fiduciary, Receivership Management can resolve claims for participating employers and employees in the Medova arrangement and will oversee the plans’ assets and claims – helping to ensure plan participants receive the benefits due to them,” said Acting Assistant Secretary for Employee Benefits Security Ali Khawar. “The Medova defendants’ alleged violations of the Employee Retirement Income Security Act harmed the plans and their participants. When fiduciaries fail to follow the law, the Employee Benefits Security Administration will step in to protect the benefits of America’s workers.”

As of Nov. 6, 2020, the Medova arrangement provided benefits and held assets for at least 2,600 participating health plans serving more than 35,000 employees in 38 different states. Receivership Management will serve as an independent fiduciary until the litigation initiated by the complaint against the Medova defendants is resolved or the independent fiduciary’s services are found to be no longer necessary. The complaint also asked the court to require the defendants to disgorge to the Medova arrangement all profits and fees and other monies earned in connection with their violations.

Medova arrangement and Lifestyles Health Plan participants with unpaid medical claims should email ckinser@receivermgmt.com with “Medova” in the subject line or call 615-370-0051.

DOL V. Daniel L. Whitney; Michelle Willson; Medova Healthcare Financial Group LLC; Midlands Casualty Insurance Company Inc.; et. al.