Case: Health Care & Benefits/Benefits Denial (S.D.N.Y.)

A federal district court in New York granted in part and denied in part Anthem Blue Cross and Blue Shield, Assurant Inc. Benefit Plans Committee, and Assurant Health & Welfare Benefit Plan’s motion to partially dismiss an employee’s ERISA action seeking a claim for benefits, for violation of the Mental Health Parity and Addiction Equity Act, and for statutory penalties, relating to his beneficiary’s medical care and treatment at a residential treatment facility. The court granted the motion to dismiss the statutory penalty claim for the medical necessity criteria.