Judge: Acute-Subacute Disparity Allegations Save Parity Act Claim

Mealey's (April 20, 2020, 4:17 PM EDT) -- SALT LAKE CITY — Allegations that an insurer imposed acute level criteria on subacute care in the mental health setting but not in other medical and surgical settings successfully allege a Parity Act violation, and the claim is not duplicative of the Employee Retirement Income Security Act claim seeking benefits, a federal judge in Utah said April 7 (M.S., et al. v. Premera Blue Cross, et al., No. 19-199, D. Utah)....