Rehearing Of Judgment On Treatment Denial Warranted, Plan Administrator Contends

(September 18, 2020, 9:50 AM EDT) -- DENVER — The 10th Circuit U.S. Court of Appeals should grant a petition for rehearing or rehearing en banc because a panel majority of the court created a circuit split when it determined that the administrator of an ERISA-governed health plan for Microsoft Corp. employees failed to reserve its discretionary authority and, therefore, should not have enjoyed a deferential "arbitrary-and-capricious" standard of review from a Utah federal court that determined that the administrator incorrectly denied coverage for psychiatric residential treatment for a teenage girl, the administrator contends in a Sept. 4 petition (Lyn M., et al. v. Premera Blue Cross, et al., No. 18-4098, 10th Cir.)....