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Latest Ruling in Wit v. United Behavioral Health Case

By David Thornton on February 21, 2023
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I recently provided insight on the January 26 ruling by the U.S. Court of Appeals, Ninth Circuit holding that although United Behavioral Health violated its fiduciary responsibility as outlined in the Employee Retirement Income Security Act (ERISA) by incorrectly denying behavioral health claims, the patients who were denied coverage had no right to appeal. This case is being closely watched as it could set a precedent for the behavioral health industry and future access to mental health and addiction treatment.

“As it was with the original 9th circuit panel [decision], I was surprised that there wasn’t more reliance on the facts in the opinion that was provided on the case,” I explained in the article. “This case has so many factual attributes that really were never part of the opinion; it was more legal analysis as opposed to what the underlying facts really show. … I don’t think this is over.”

The full article, “‘I Don’t Think This Is Over’: Reactions to the Latest in Wit v. United Behavioral Health,” was published by Behavioral Health Business on February 13 and is available online.

Photo of David Thornton David Thornton

David Thornton helps employers deliver retirement, health and welfare benefits to their executives and employees. With more than 30 years of experience, he has developed a diverse practice counseling hundreds of public and private employers and non-profit organizations in drafting, maintaining and administering…

David Thornton helps employers deliver retirement, health and welfare benefits to their executives and employees. With more than 30 years of experience, he has developed a diverse practice counseling hundreds of public and private employers and non-profit organizations in drafting, maintaining and administering retirement plans ranging from $1 million to several billion dollars in assets, including many in the $100 million to $500 million asset range. He has deep experience in ESOP transactions, successfully navigating the significant fiduciary duty considerations and tax code requirements involved with these transactions.

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  • Posted in:
    Health Care and Life Sciences
  • Blog:
    HR Law Talk
  • Organization:
    Bass, Berry & Sims PLC
  • Article: View Original Source

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