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02/13/2013 12:51:41 PM EST

ERISA Plan Participant Opposes High Court Review Of Waiver Doctrine

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LexisNexis® Mealey's™ ERISA Legal News

WASHINGTON, D.C. - A participant in a health plan governed by the Employee Retirement Income Security Act on Jan. 28 opposed U.S. Supreme Court review of a Ninth Circuit U.S. Court of Appeals ruling that the plan waived its right to assert medical necessity as a reason for denial of benefits, saying "$(t$)he questions stated in the $(plan's$) petition are not presented in this case" (California Physicians' Service v. Jeanene Harlick, No. 12-457, U.S. Sup.; See November 2012, Page 18).Full story on lexis.com