Split 10th Circuit Denies Rehearing In Suit Over Residential Treatment Denial

Mealey's (April 13, 2021, 7:26 AM EDT) -- DENVER — A divided 10th Circuit U.S. Court of Appeals panel on April 5 denied a panel rehearing and a divided court denied en banc rehearing after a split panel ruled that the administrator of an Employee Retirement Income Security Act-governed health plan for Microsoft Corp. employees failed to reserve its discretionary authority and, therefore, a Utah federal court should have reviewed the denial of coverage for psychiatric residential treatment for a teenage girl under a de novo standard rather than the arbitrary and capricious standard....