Residential Treatment Denial Meets Arbitrary And Capricious Standard, Judge Says

Mealey's (September 9, 2020, 8:31 AM EDT) -- SALT LAKE CITY — An insurer is entitled to review of its Employee Retirement Income Security Act benefit decision under the arbitrary and capricious standard, and under that standard demonstrated sufficient evidence in defense of its denial of benefits for residential treatments, a federal judge in Utah said Sept. 3 in granting judgment to the insurer (Mark M., et al. v. United Behavioral Health, No. 18-18, D. Utah, 2020 U.S. Dist. LEXIS 162455)....