This article pretty well sums up what has taken place.  How they get away with it and as things stand, show that there is not much that can be done but to build on it.  Building on it only makes it worse.

The Benign History of a Scam: The HMO Experience (As Seen by a Health Lawyer)

by Joanne B. Stern

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Indian Journal of Medicine 2008 April-June; 5(2): 90