Calif. Court Revives Kaiser Autism Coverage Case

Law360, New York (January 29, 2010, 5:15 PM EST) -- A California appeals court has revived a proposed class action against Kaiser Foundation Health Plan Inc. for denying coverage for autism treatments that plaintiffs claim the state's Mental Health Parity Act requires.

The California State Second District Court of Appeal ruled Wednesday that the trial court had erred in sustaining Kaiser's demurrer on the class' allegations of Unfair Competition Law violations based on the doctrine of judicial abstention and the lack of commonality among class members.

Finding that the class may be able to establish its...
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