BlueCross Tennessee Loses Fight Over Fertility Coverage Mandate

June 27, 2023, 3:02 PM UTC

New Hampshire insurance regulators can pursue an enforcement action accusing BlueCross BlueShield of Tennessee of failing to cover a New Hampshire resident’s fertility treatments in violation of state law.

BlueCross can’t shield itself from New Hampshire’s regulatory authority by pointing to a health plan provision requiring that the plan be interpreted using Tennessee law, Judge J. Ronnie Greer of the US District Court for the Eastern District of Tennessee ruled Monday. When a national health plan enters a local market, “it is incumbent on the national plan to tailor itself to the local market’s laws,” Greer said.

The dispute stems ...

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