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Tenth Circuit Finds United Behavioral Health Arbitrarily and Capriciously Denied Residential Treatment Benefits to Minor with Severe Mental Health Disorders
Roberts Disability Law 
May 17, 2023 "The court rejected United's argument that the ERISA regulations only require an administrator to explain the basis of disagreement with treating physicians with respect to long-term disability claims.... The detailing of more precise requirements in ERISA disability claims does not absolve United of providing a full and fair review for health benefit claims.... ERISA holds administrators to their greater fiduciary duty. This includes not only complying with the specific duties imposed by the plan or the minimum standards imposed by the regulations, but engaging in activities that achieve the objective of the plan." [D. K. v. United Behav. Health, No. 21-4088 (10th Cir. May 15, 2023)] |
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