Prefacing note: While this report is being shared as a "news item of interest" as a public event in progress, it seems relevant at this time to state that this report is not taking an editorial position on the legal aspects or allegations of this case nor the specific claimants, nor does this constitute legal interpretation. Please see the court documents for relevant specifics.
On Wednesday, January 27, 2010, a decision authored by Justice Laurie D. Zelon of the Court of Appeals of California, Second District, Division Seven was handed down in California reversing a lower court ruling, and remanding to trial court with directions; this decision allows a previously filed suit to proceed to trial. The suit filed by Arce alleges that an insurer improperly denied applied behavior analysis and speech services as categorical practice and that such denial on the specified basis constitutes violation of California's Mental Health Parity law (AB88: Insurance Code §§10144.5 & Health and Safety Code§1374.72 ). Another aspect of the case in question is the provision of service by providers that are not licensed or state certified. The case in question is ARCE v. KAISER FOUNDATION HEALTH PLAN, INC.
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FOR FURTHER INFO/FURTHER READING
2nd Appelate District
updated 1/31/2010 05:05PM
Case information - Arce et al. v. Kaiser Foundation Health Plan, Inc. et al.
Decision transcript
From Leagle, inc.
ARCE v. KAISER FOUNDATION HEALTH PLAN, INC.
ANDREW ARCE, a Minor, etc. et al., Plaintiffs and Appellants, v. KAISER FOUNDATION HEALTH PLAN, INC., et al., Defendants and Respondents.
B215861.
Court of Appeals of California, Second District, Division Seven.
Filed January 27, 2010.
CALIFORNIA LAW
Mental Health Parity aka AB 88,
Insurance Code §§10144.5 & Health and Safety Code§1374.72
Other articles and reports related to ARCE v. KAISER FOUNDATION HEALTH PLAN, INC. and regulation of ABA coverage
C.A. Revives UCL Action Against Kaiser Over Autism Services
By KENNETH OFGANG, Staff Writer
Metropolitan News-Enterprise
Thursday, January 28, 2010
Appeals court allows Arce vs. Kaiser autism class action to proceed
January 30th, 2010 at 1:48 pm
State Regulators Might Require Health Plans To Cover Autism Therapy
Monday, November 16, 2009
California Healthline
Letter dated 2/24/2009 from Consumer Watchdog to Cindy Ehnes, Director ,California Department of Managed Health Care
Applied Behavior Analysis — the Los Angeles lawsuit
Sam Miller, The Orange County Register
August 15th, 2008, 8:11 am
ABA chapters in/for California
CalABA
Public Policy and Practice page
© 2010 Regina G. Claypool-Frey
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