(November 9, 2023, 1:15 PM EST) -- NEW YORK — Attorney in fact status permits a lawsuit on behalf of a provider’s patients, but the breach of contract and other claims at the heart of the case alleging insufficient compensation for applied behavioral analysis therapy fail because the compensation complies with plan language and there is no evidence of conduct that would support an implied covenant of good faith and fair dealing claim, a panel of the Second Circuit U.S. Court of Appeals said in a Nov. 8 amended summary order affirming dismissal....