One of the hottest current topics in Employee Retirement Income Security Act litigation concerns medical insurance coverage for residential treatment of behavioral health disorders. A recent Utah federal court ruling, Michael D. and Madeline D. v. Anthem Health Plans of Kentucky Inc., 2019 WL 586673 (D. Utah, Feb. 13, 2019), is a prime example. The […]
In Ariana M v. Humana Health Plan of Texas, Inc., 2018 WL 1096980 (5th Cir. March 1, 2018), a divided Fifth Circuit issued an en banc ruling that finally overturned Pierre v. Conn. Gen. Life Ins. Co., 932 F.2d 1552 (5th Cir. 1991) and concurred with every other Circuit that Firestone Tire & Rubber Co. v. […]
Individuals who suffer from eating disorders often run into difficulties securing coverage from their health insurers for treatment, especially for residential care. Last year, ERISA lawyer Mark DeBofsky of DeBofsky Law contacted Illinois State Representative Laura Fine and Illinois State Senator Julie Morrison with an idea to amend the Illinois Insurance Code to provide health […]
A recent ruling from the 1st U.S. Circuit Court of Appeals upheld an insurance company’s denial of health-care benefits for psychiatric treatment. Although the underlying facts are compelling, the most interesting aspect of the ruling was the court’s discussion of civil procedure and judicial standards of review under the Employee Retirement Income Security Act.
Those diagnosed with cancer are fighting many battles. They not only have to deal with their health, but they also have to deal with paying for healthcare. Cancer patents rely on their health insurance to provide coverage for effective healthcare. Unfortunately, some insurance carriers sidestep their responsibilities when it comes to patient care for those […]
A recent report by the Centers for Disease Control found that Hepatitis C-related deaths are at an all-time high in the United States. As reported by the Washington Post, the report found that more Americans die from the disease than from 60 other infectious diseases combined. Approximately 3.5 million Americans are thought to have the disease, although many may be unaware due to the initial slow and silent damage it inflicts upon the liver.