Humana (HUM) is seeking a summary judgment in a lawsuit against the US Department of Health and Human Services' clawback policy, according to a court filing on Monday.

The company filed a motion at the US District Court for the Northern District of Texas Monday, asking the court to render a summary judgment on all claims for relief and set aside the Centers for Medicare and Medicaid Services' new policy for calculating payment recoveries in Medicare Advantage audits.

In its complaint, Humana said the CMS' final rule in 2023 adopting the new policy is "arbitrary and capricious" and violates the Administrative Procedure Act.

Bloomberg earlier reported the story.

The HHS did not immediately respond to a request for comment from MT Newswires.

Price: 242.92, Change: +6.63, Percent Change: +2.81