Wilderness Coverage Case Permitted To Proceed
On September 27, 2019, a Utah federal district court judge permitted an ERISA wilderness therapy Parity Act claim to proceed, holding that Plaintiffs had stated a claim that was, potentially, recoverable under the statute. In K.H.B. v. UnitedHealthCare Ins. Co., No. 2:18-cv-00795 (D. Utah September 27, 2019), the judge held that the plaintiffs properly alleged that the insurer “differentially applie[d] the Plan’s term ‘Alternate Facility’ and does not adopt extra-licensure requirements for medical analogues of wilderness therapy programs.” This holding adds to growing body of caselaw analyzing the Parity Act.
The plaintiffs in this case are represented by Jordan Lewis, P.A. and the Seattle law firm of Sirianni Youth Spoonemore Hamburger PLLC.