Industry Group, Insurer: DOL Can’t Rewrite ERISA Regulation In Amicus Brief

Mealey's (April 20, 2022, 1:18 PM EDT) -- DENVER — A court should not avoid a merits ruling but instead affirm an insurer’s conclusion that further treatment at a long-term residential treatment facility was not medically necessary, and the 10th Circuit U.S. Court of Appeals should reject the Department of Labor’s attempt to rewrite Employee Retirement Income Security Act regulations in an amicus curiae brief, an insurer and an industry group told the court in a pair of April 15 briefs....

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