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Labor Department Backs ERISA Suits for Mental Health Denials

Oct. 8, 2020, 7:40 PM

Health plan participants can bring ERISA benefit claims to challenge coverage denials that violate federal mental health parity law, the Labor Department says in a brief filed with the First Circuit.

The department wants the U.S. Court of Appeals for the First Circuit to revive a lawsuit claiming Raytheon Co.'s health plan fails to cover speech therapy treatments for autistic children in violation of the parity law.

A district judge blocked a family from challenging this practice through a claim for benefits under the Employee Retirement Income Security Act, reasoning that parity law violations can’t be challenged through this ...