Court Affirms Cochlear Implant Coverage

Law360, New York (October 24, 2006, 12:00 AM EDT) -- In a mixed decision, an appellate court on Monday affirmed a ruling that a health insurance provider should be required to cover the cost of a cochlear hearing implant for a self-employed small business owner, but reversed a lower court’s award of attorneys’ fees.

The ruling, handed down by the U.S. Court of Appeals for the Fourth Circuit, upheld a district court’s decision that plan administrator Carolina Care Plan Inc. abused its discretion by denying coverage to Carolyn McKenzie for a cochlear implant.

But the Fourth...
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