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Plan Barred From Denying 'Experimental' Treatment; Court Cites Plan Ambiguity, Degree of Harm
Thompson Publishing Group
Mar. 19, 2001
Excerpt: In noting that a group health plan will at worst 'lose money,' as opposed to a plan beneficiary whose life could end 'expeditiously' due to a terminal illness, a federal district court approved a preliminary injunction that requires the plan to cover a procedure that it had previously held was excluded from coverage. The case is Kopicki v. Fitzgerald Automotive Family Employee Benefits Plan, 121 F. Supp. 2d 467 (S.D. Md., Nov. 22, 2000).
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