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Aetna Can’t Nix Would-Be Class Suit Over Liposuction Coverage

Dec. 10, 2019, 7:47 PM

Aetna Life Insurance Co. must face a proposed class action claiming it systematically denies coverage for medically necessary liposuction by wrongly treating it as cosmetic, a federal judge in San Francisco ruled Dec. 10.

Michala Kazda can move forward with claims that Aetna breached its fiduciary duties under the Employee Retirement Income Security Act by declining to cover liposuction as a treatment for lipedema, Judge William H. Orrick of the U.S. District Court for the Northern District of California held. Aetna may have acted as an ERISA fiduciary when it created the internal coverage guidelines challenged by Kazda’s lawsuit, Orrick ...

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