Law360, New York (July 26, 2013, 5:53 PM EDT) -- The Seventh Circuit on Friday upheld the dismissal of a putative class action accusing several health insurers of violating Wisconsin insurance law by requiring copayments for chiropractic care provided under employee benefit plans, saying the law cited by the plaintiffs doesn’t block copay clauses.
The three-judge panel ruled that U.S. District Judge Barbara B. Crabb had mistakenly found that only benefit plans, not insurers as plan underwriters, can be sued for recovery of benefits under the Employee Retirement Income Security Act. However, Wisconsin insurance law still allows insurers to require copays for chiropractic treatment if they choose, meaning the suit should...
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