RANCHO CORDOVA, Calif.—VSP Vision Care will no longer provide
in-network coverage for eyewear manufactured and/or distributed by Aspex
Eyewear, effective Aug. 1 for some providers, and Sept. 1 for others.
A VSP Frame Coverage Change letter, obtained by VM, was sent to
8,000 VSP providers who had done business with Aspex in the previous
three months, according to a VSP spokesperson, who said the policy
“applies to VSP’s entire doctor network who will be notified in a
communication in the near future.”
Citing ongoing “commercial disputes” between the two companies,
the letter said VSP “has re-examined its business relationship” with
Aspex as a consequence of that situation. The letter also reminds ECPs
that “as a VSP network doctor you are free to carry any frames you
wish—including Aspex frames,” and that VSP’s network ECPs can still
offer Aspex products as an out-of-network benefit.
The “commercial disputes” allude to ongoing litigation between
Aspex, VSP and VSP subsidiaries and include a lawsuit filed by Aspex
March 17 in the U.S. District Court for eastern California. That suit
charged VSP with “breach of contract,” “antitrust violations” and
“unfair business practices” for making Aspex an out-of-network provider,
according to court documents obtained by VM. The suit initially was
filed against VSP as well as its Marchon Eyewear and Altair Eyewear
subsidiaries; Aspex later dismissed its complaints against Marchon and
Altair.
In the lawsuit, Aspex asked the court to grant a temporary
restraining order and preliminary injunction to enjoin VSP from “barring
or otherwise preventing VSP’s subscribers and/or provider network from
using VSP insurance benefits for the purchase of Aspex’s products,”
according to the March 17 court filing. The suit also asked the court to
order VSP “to issue effective communications to all VSP subscribers and
participating providers that Aspex is a VSP-approved manufacturer and
distributor of eyewear and, as such, subscribers’ frame allowances can
be applied to Aspex frames on equal terms with all other VSP-approved
manufacturers,” the court document said.
On May 19, Judge John Mendez denied Aspex’s request for such an
injunction. Aspex filed court papers May 28 saying it will appeal the
judge’s ruling; the company has until June 25 to file an opening brief
in that appeal.
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