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Influential Circuit Court Establishes Pleading Standards in Residential Treatment Center Cases

In the past several years, the U.S. District Court for the District of Utah has been a hotbed for litigation involving claims for mental health treatment at residential treatment centers. Dozens of lawsuits have been filed...more

COBRA Notice Litigation Update: Recent Decision Signals Some Skepticism of Plaintiffs’ Claims

Since 2016, plaintiffs’ counsel have filed over 70 putative class actions, mostly against large plan sponsors, alleging deficiencies in election notice requirements as mandated under the Consolidated Omnibus Budget...more

Three Key Strategies for Defending MHPAEA Claims: Preparing for the Lawsuit Before It Is Filed

The Paul Wellstone and Peter Domenici Mental Health Parity and Addiction Equity Act of 2008 (“MHPAEA”) has increasingly been the focus of government enforcement activity and private plaintiff litigation. In its 2022 Report to...more

A Surprise Turn of Events for the No Surprises Act Dispute Resolution Process

The ongoing implementation of the No Surprises Act’s (“NSA”) prohibition on surprise balance billing, and the related independent dispute resolution (“IDR”) process between payers and providers became much less certain after...more

The Return to the Supreme Court

Regular readers of this Benefits Brief will recall that there is a case challenging the constitutionality of the Patient Protection and Affordable Care Act (ACA) percolating through the courts. ...more

Employers Get Bit: Flurry of Class Action Lawsuits Allege Deficiencies in COBRA Election Notices

Recently, plaintiffs’ firms have filed a flurry of class action lawsuits against employers, alleging violations of COBRA’s election notice requirements and seeking statutory and other penalties. ...more

Texas, et. al., v. U.S. – The Fifth Circuit Rules

As you may recall, in late September, we expected a decision from the Fifth Circuit in Texas v. United States—the case challenging the constitutionality of the Patient Protection and Affordable Care Act (ACA)—in the fall of...more

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