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California Attorney General Sponsors Bill Banning Credit Reporting of Medical Debt

On April 2, the California Senate Judicial Committee passed Senate Bill 1061. The bill seeks to prevent health care providers and contracted collection agencies from providing information about patients’ medical debt to...more

New TCPA Rules: Revoking Consent to Robocalls and Robotexts

On February 15, the Federal Communications Commission (FCC) approved amendments to the rules and regulations implementing the Telephone Consumer Protection Act (TCPA). The adopted Report and Order and Further Notice of...more

Case Update: Tenth Circuit Affirms District Court Decision Requiring Substantial Changes to Health Plan Denial Letters

As discussed here, D.K. et al. v. United Behavioral Health et al. is a case that has been carefully watched in the health benefits space for its potential to change what health plan administrators must include in adverse...more

Courts Continue to Scrutinize ERISA Health Plan Benefit Denial Letters

As discussed here, administrators’ health plan benefit denial letters have recently been under scrutiny by the courts. For example, in D.K. et al. v. United Behavioral Health et al., the Tenth Circuit is reviewing a district...more

FCC Cracks Down on Texting Scams and Robocalls

On March 16, the Federal Communications Commission (FCC) adopted its first set of regulations targeting what is perceived as the increasing problem of scam text messages sent to consumers. The first rule requires mobile...more

The State of Wilderness Therapy Program Exclusions in ERISA Health Plans

In recent years, several lawsuits have challenged wilderness therapy program exclusions in health plans. Not only do members typically assert a claim for benefits, alleging a denial of wilderness therapy benefits was improper...more

Tenth Circuit Holds Arbitration Provision in ERISA Plan Document Unenforceable

Recently, the Tenth Circuit Court of Appeals held an arbitration provision impermissibly blocked rights afforded to a retirement plan participant under the Employee Retirement Income Security Act (ERISA) and was therefore...more

CMS Publishes Final Rule Increasing Government Authority to Recover Overpayments from Medicare Advantage Plans

On February 1, the Centers for Medicare & Medicaid Services (CMS) published a final rule strengthening their authority to recover alleged overpayments made to Medicare Advantage plans. The rule formalizes the Medicare...more

Second Circuit Dismisses TCPA Case for Failure to Plead Use of an ATDS

On January 9, the district court for the Eastern District of New York dismissed a pro se plaintiff’s TCPA lawsuit for failure to properly allege that the defendants used an automatic telephone dialing system (ATDS) when...more

AAA Issues Amended Commercial Arbitration Rules

Effective September 1, the American Arbitration Association (AAA) has finally updated its Commercial Rules and Mediation Procedures, concluding a two-year internal review. The amendments provide greater procedural discretion...more

Ninth Circuit Reversal of Trial Court Order Equals Big Win for Payors

On March 22, the Ninth Circuit reversed the trial court’s order and underlying decision in Wit et. al. v. United Behavioral Health and Alexander et al. v. United Behavioral Health (Case Numbers 20-17363, 20-17364, 21-15193,...more

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