01/24/2013 02:52:09 PM EST
Plan Failed To Provide Full And Fair Review Of Benefit Denial, 5th Circuit Holds
Posted by
LexisNexis® Mealey's™ Managed Care Liability Legal News
NEW ORLEANS - A health benefits plan that changed its basis for denying coverage on administrative appeal did not substantially comply with procedures for reviewing denial-of-benefits decisions set out in Employee Retirement Income Security Act, the Fifth Circuit U.S. Court of Appeals ruled Jan. 8, in remanding to the federal district court for remand to the plan for a full and fair review (Lucas Rossi v. Precision Drilling Oilfield Services Corporation Employee Benefits Plan, No. 11-50861, 5th Cir.; 2013 U.S. App. 702).
Full story on lexis.com