Class Certified in Claims for Autism Treatment Coverage

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A federal district court in the Western District of Kentucky certified a class of participants and beneficiaries in plans sponsored by Anthem Health Plans of Kentucky, Inc. who had been denied coverage or reimbursement for Applied Behavior Analysis (ABA) for Autism Spectrum Disorder (ASD).  Plaintiff claimed that the time and dollar limitations violated ERISA and the Mental Health Parity and Addiction Equity Act.  In so ruling, the court found that plaintiff satisfied the requirements of Rule 23, and rejected Anthem’s argument that individualized issues related to each class member’s condition and treatment made a class action an improper method for resolving the dispute.  The case is Wilson v. Anthem Health Plans of Kentucky, Inc., No. 3:14-CV-743-TBR, 2017 WL 56064 (W.D. Ky. Jan. 4, 2017).

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