Wednesday, March 28, 2012

Blue Cross's Attempt to Exclude Coverage for Residential Care of Anorexia is Illegal

Harlick v. Blue Shield of California
(2011) 656 F.3d 832 (WL 3796177) (9th Cir.)

The Ninth Circuit has held that the Mental Health Parity Act contained in Health & Safety Code section 1374.72 requires equal treatment for mental illness and physical illness, and that accordingly, a Blue Shield exclusion for anorexia nervosa would not be enforced, and that plaintiff, despite other restrictive language, would be entitled for treatment of anorexia in a residential care facility.

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