Judge: ERISA, Parity Act Claims Survive, But Not ACA Discrimination Claim

Mealey's (July 23, 2019, 10:16 AM EDT) -- SAN FRANCISCO — Allegations that an insurer improperly reduced reimbursement rates in the mental health context largely support a woman’s claims invoking the Employee Retirement Income Security Act and federal law, but she cannot avoid that the Patient Protection and Affordable Care Act (ACA) leaves enforcement of an anti-discrimination provision to the government, a federal judge in California held July 18 (Jane Smith v. United Healthcare Insurance Co., No. 18-6336, N.D. Calif., 2019 U.S. Dist. LEXIS 120151)....