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Tenth Circuit Upholds Health Plan's Denial of Surrogacy Expenses
Thomson Reuters Practical Law May 22, 2020 "The Tenth Circuit held that the plan unambiguously excluded coverage for expenses related to surrogate pregnancy. In reaching this conclusion, the court rejected the participant's argument that the plan excluded non-traditional medical services during surrogate pregnancy, but covered traditional medical services related to surrogate pregnancy.... The facts of this case also underscore a practical difficulty for plan administrators in enforcing a plan's surrogacy exclusion -- namely, that the plan may not always know that a surrogate pregnancy is occurring." [Moon v. Tall Tree Administrators, LLC, No. 18-4034 (10th Cir. May 19, 2020)] |
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