On Wednesday, January 27, 2010, a decision authored by Justice Laurie D. Zelon of the Court of Appeals of California, Second District, Division Seven was handed down in California reversing a lower court ruling, and remanding to trial court with directions; this decision allows a previously filed suit to proceed to trial. The suit filed by Arce alleges that an insurer improperly denied applied behavior analysis and speech services as categorical practice and that such denial on the specified basis constitutes violation of California's Mental Health Parity law (AB88: Insurance Code §§10144.5 & Health and Safety Code§1374.72 ). Another aspect of the case in question is the provision of service by providers that are not licensed or state certified. The case in question is ARCE v. KAISER FOUNDATION HEALTH PLAN, INC.
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For more information
2nd Appelate District
updated 1/31/2010 05:05PM
Case information - Arce et al. v. Kaiser Foundation Health Plan, Inc. et al.
Decision transcript
From Leagle, inc.
ARCE v. KAISER FOUNDATION HEALTH PLAN, INC.
ANDREW ARCE, a Minor, etc. et al., Plaintiffs and Appellants, v. KAISER FOUNDATION HEALTH PLAN, INC., et al., Defendants and Respondents.
B215861.
Court of Appeals of California, Second District, Division Seven.
Filed January 27, 2010.
CALIFORNIA LAW
Mental Health Parity aka AB 88,
Insurance Code §§10144.5 & Health and Safety Code§1374.72
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ABA chapters in/for California
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Views and news expressed in this blog or by the PIBA SIG are those of the SIG or SIG members and do not represent official policy of ABA International or other official body. For official policy of the Association of Behavior Analysis International, the reader is directed to their website, http://www.abainternational.org
Views and news expressed in this blog or by the PIBA SIG are those of the SIG or SIG members and do not represent official policy of ABA International or other official body. For official policy of the Association of Behavior Analysis International, the reader is directed to their website, http://www.abainternational.org