State health plan administrator sued for denying cancer treatment

Man asking judge to overturn decision that could be 'death sentence'

A Vermillion man diagnosed with stage-four colorectal cancer is asking a judge to force the administrator of the state health plan to allow medical treatment that the agency denied.

Doug Mart, in a complaint filed in Clay County, argues Wellmark South Dakota is denying him potential life-saving care, and he is seeking declaratory relief that would allow him to begin treatment.

“Time is of the absolute, life-dependent essence for Doug Mart in this respect,” the complaint says.

“As a result of Wellmark SD denying the claim through its selected vendor, CVS Caremark, Doug and his family face even more stress and fear. The denial of insurance coverage could be a death sentence for Doug Mart.”

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