Judge: ERISA, Not Parity Act Claims Survive Dismissal In Mental Health Case

(May 20, 2020, 2:20 PM EDT) -- SALT LAKE CITY — Plaintiffs may continue pursuing Employee Retirement Income Security Act claims seeking benefits for residential mental health treatments but have not adequately alleged that the insurer treated mental health claims different than surgical or traditional medical claims, a federal judge in Utah said in dismissing a Parity Act claim on May 19 (E.W., et al. v. Health Net Life Insurance Co., et al., No. 19-499, D. Utah, 2020 U.S. Dist. LEXIS 88127)....

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