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Health Plan Administrator's Exclusion of Fentanyl for Off-Label Use Was Not Unlawful Sex Bias Under ACA
Wolters Kluwer
Aug. 21, 2020 "Denying the couple's bid to reconsider the previous dismissal of their claim with prejudice, a federal district court in New York ruled that there was no error in the prior determination that Section 1557 does not allow disparate impact claims, but even if did, the couple failed to present any statistical evidence to support such a claim. And under the proper disparate treatment standard, they failed to plausibly allege that the administrator intentionally discriminated against them or that such discrimination was a substantial motivating factor in its decision to rescind the prior administrator's authorization for fentanyl to treat the wife's disease." [Weinreb v. Xerox Business Services, No. 16-6823 (S.D.N.Y. Jul. 27, 2020)] MORE >> |
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