Court Finds Insurer Must Assess Claim Under its Dual Guidelines
This year has seen a veritable explosion of court rulings relating to insurance coverage for mental health claims. Nor are the courts finished with their work this year. […]
9th Circ.’s Latest UBH Ruling Ignores Case’s Core Issue
On Aug. 22, the U.S. Court of Appeals for the Ninth Circuit issued its third opinion in Wit v. United Behavioral Health, vacating its January opinion, which itself replaced an earlier memorandum disposition.[1] […]
Court Directs Insurer to Take Fresh Look at Coverage Denial
Denials of health insurance coverage for treatment of behavioral health conditions have been drawing increasing judicial attention. […]
The Evolution of Litigation of Health Insurance Claims Involving Mental Health
A lengthy history of discrimination by health insurers against claims involving behavioral health conditions and substance use disorders led Congress to pass the Mental Health Parity and Addiction Equity Act3 (MHPAEA) in 2008. 4[…]
ERISA Ruling Shows Why Insurers Must Justify Claim Denials
Employee benefit claimants’ entitlement to a full and fair review of claim denials prior to judicial intervention is embedded in the Employee Retirement Income Security Act.[1] Regulations promulgated by the
U.S. Department of Labor flesh out the specifics as to what constitutes such a review. […]
Mark DeBofsky Files Amicus Brief in Support of Rehearing En Banc for Landmark Behavioral Health Coverage Case
DeBofsky Law Founder, Mark DeBofsky, filed an amicus brief on March 17, 2023, on behalf of 9 prominent organizations in support of a rehearing en banc in the case of David and Natasha Wit v. United Behavioral Health. […]