We defended United HealthCare Services, Inc. (UHC) in a large complex class action lawsuit concerning all of UHC’s self-funded plans nationwide. Specifically, the plaintiffs claim that UHC has breached its fiduciary duty by administering self-funded plans that allegedly impose quantitative visit limitations on outpatient mental health services in violation of the Mental Health Parity and Addiction Equity Act (Parity Act). The Parity Act does not require that health care plans cover mental health services, but does require that if a plan provides mental health coverage, it must be provided “at parity” with medical and surgical benefits. The lawsuit involves, inter alia, sophisticated ERISA § 3(21)(A) questions, Rule 23 issues, numerous parties, potentially extensive discovery, administrative agency and healthcare regulation considerations, and a relatively new body of law that was only enacted in 2008.
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