On Wednesday, April 28, 2010, the Supreme Court of California denied a request to review a January 27, 2010 decision of the Court of Appeals of California, Second District, Division Seven in the matter of ARCE v. KAISER FOUNDATION HEALTH PLAN, INC. This decision allows the case to go forward as decided by the Court of Appeals.
One analysis of the Court of Appeals decision notes that some central questions that the case turns on are,
"...does Kaiser's health plan contract exclude from coverage Applied Behavior Analysis therapy or speech therapy for autism spectrum disorders on the grounds that such therapies are “non-health care services,” “academic or educational interventions,” or “custodial care”? Second, assuming that the therapies are excluded from coverage by the health plan contract, does the Mental Health Parity Act allow Kaiser to categorically apply such exclusions on the basis that the therapies are not health care services, or are provided by persons not licensed or certified by the state?..."
For further reading
Court of Appeal reverses trial court order sustaining demurrer to class allegations for lack of commonality
Wednesday, January 27, 2010 at 5:58PM
The Complex Litigator
All posts on Arce v. Kaiser at
Kaiser Permanente Thrive Exposed
Past blog post
Sunday, January 31, 2010
State news: California - District Court decision revives Arce v. Kaiser Foundation Health Plan, Inc.
© 2010 Regina G. Claypool-Frey
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