Individual ERISA, Class Claims Survive Dismissal In Mental Health Coverage Case

Mealey's (January 25, 2022, 2:01 PM EST) -- SALT LAKE CITY — An insured’s death does not preclude her estate from pleading Employee Retirement Income Security Act and Parity Act claims in the alternative, allegations that the largest employer in the state systemically underpays for mental health treatments by pegging out-of-network reimbursements to an outdated in-network chart support class claims and no precedent requires her to allege at the motion to dismiss stage that every class member exhausted administrative remedies, a federal judge in Utah said in denying a motion to dismiss on Jan. 20....

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