Ninth Circuit Ruling is Monumental for Those Suffering From Eating Disorders

and tagged , , ,

Guest Post By Ann Marie Hopwood

On July 12, 2012, the Ninth U.S. Circuit Court of Appeals summarily denied Blue Shield of California’s request for rehearing and rehearing en banc for the decision made in Harlick v. Blue Shield of California. In the decision made on June 4, 2012, the Ninth Circuit withdrew its prior opinion of August 26, 2011, and Judge William A. Fletcher issued a majority opinion declaring that health insurance plans are required to provide coverage for “severe mental illnesses” under “the same financial terms as those applied to physical illnesses.” Thus, California health insurance plans are obligated to pay for residential treatment for those suffering from eating disorders even if residential treatment is explicitly excluded from the policy.

You can view the original Harlick v Blue Shield of California decision at: http://bit.ly/M7yqes

This is a huge feat for the estimated ten million Americans struggling with eating disorders, most of whom cannot afford to pay for the necessary medical treatment to recover. Eating disorders have the highest mortality rate of any mental illness and generally require intense and prolonged treatment. This monumental decision, even though currently only affecting those with California health insurance plans, will hopefully spur the other states to follow suit and provide the opportunity for suffering individuals to escape the clutches of an eating disorder.

For more on eating disorders and the law, please visit the Kantor & Kantor Eating Disorder Law Blog at http://bit.ly/P52gRE

You can also view the Kantor & Kantor press release from yesterday regarding the Ninth Circuit Ruling in Harlick v Blue Shield of California at http://on.mktw.net/LfeUso

Post a Comment

Your email is never published nor shared. Required fields are marked *

*
*

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>


Any commentary or opinions about cases, legal theory, legal strategy, court procedure, and all other content are the express opinion of their writer and do not necessarily represent the opinions of Cockle Law Brief Printing Co (“Cockle Law”), Cockle Bur, Inc. (“Cockle Bur”) its employees, owners, or users of this site. These commentary and opinions should be relied upon at your own risk. These commentary and opinions are not legal advice.

All information made available at www.Cocklebur.com is for informational purposes only. This website, and all content contained herein, is not meant to provide legal advice or answer specific legal question. It is not a substitute for legal advice. You should neither act, nor refrain from acting, based on information contained in this site; nor should you consider any blogs or other content posted on www.Cocklebur.com to be a substitute for proper legal research conducted by a licensed attorney. Visitors to this site should consult a licensed attorney before relying on any information found on this site.

To ensure compliance with requirements imposed by the IRS, Cockle Law informs you that any U.S. federal tax advice or information contained in this site (including any blog post or on any site linked to or from www.Cocklebur.com) is not intended or written to be used, and cannot be used, for the purpose of (I) avoiding penalties under the Internal Revenue Code or (II) promoting, marketing or recommending to another party any transaction or matter addressed herein.

*Select to accept terms
*