9th Circuit: Residential Treatment Not Required By Plan Is Required By State Law

9th Circuit: Residential Treatment Not Required By Plan Is Required By State Law

SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel on June 4 withdrew its earlier opinion and ruled, in a divided opinion, that although a health plan governed by the Employee Retirement Income Security Act (ERISA), 29 U.S.C.S. § 1001 et seq.  did not cover residential treatment for anorexia nervosa, the plan was required to provide such treatment under California's Mental Health Parity Act "on the same financial terms and conditions it imposes on coverage for physical illnesses" (Jeanene Harlick v. Blue Shield of California,  No. 10-15595, 9th Cir.; 2012 U.S. App. LEXIS 11222).

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