Parity Act, ERISA Claims Survive In Residential Treatment Case

Mealey's (September 15, 2020, 11:48 AM EDT) -- SALT LAKE CITY — A family adequately alleges that an insurer imposed acute-care level standards on subacute-level mental health residential therapies that it would not in the medical or surgical setting, and the Mental Health Parity and Addiction Equity Act claim is not duplicative of Employee Retirement Income Security Act claims, a federal judge in Utah said Sept. 11 in denying a motion to dismiss (Theo M., et al. v. Beacon Health Options, et al., No. 19-364, D. Utah, 2020 U.S. Dist. LEXIS 166903)....