A home-based health care provider cannot sue an HMO for late payments because of a previous settlement agreement barring claims related to those payments, the state Superior Court has ruled.

The plaintiff, ABC Pediatrics, a provider of home care services to pregnant and postpartum women, filed suit against Health Partners Plans for $2 million in damages for breach of contract. ABC claimed that Health Partners failed to pay certain claims in a timely manner, ultimately causing ABC to close its doors.

However, a three-judge panel ruled Feb. 27 that the disputed claims issues could not be litigated because they were covered by a previous settlement and release agreement between the two parties. In its appeal from the trial court's summary judgment order, ABC argued that the claims in its suit were not encompassed by the settlement agreement.