Provider Standing

As mentioned in a previous blog post, one important and evolving issue is the ability of treatment programs to pursue claims for MHPAEA claims in court on behalf of their patients.  There is a helpful recent (April 10) decision out of the Central District of California that confirms a healthcare provider’s standing to pursue ERISA claims.  (This is the same thing as a right to pursue claims for MHPAEA violations, because MHPAEA’s requirements are incorporated into ERISA.)  Almont Ambulatory Surgery Center, LLC v. Unitedhealth Group, Inc., 2015 WL 1608991 (April 10, 2015).  The provider’s standing was premised on standard benefit assignment forms that should be part of any patient’s file.

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