Peter E v. United Healthcare Services

  • About Us
    • Our Approach
    • Our Mission
    • Parity Leadership Group
  • Parity Reports
    • Federal Report
    • State Reports
  • Know Your Rights
    • Common Violations
    • Glossary
    • Solution
    • What is Parity?
  • Resources
    • Parity Advocacy Resources
    • Consumer Resources
    • State Parity Enforcement Actions
    • Milliman Report Overview
    • Issue Briefs
    • Legal Cases
    • 2018 State Parity Statutes Report

Peter E v. United Healthcare Services (U.S. Dist. Ct. for the Dist. of Utah., case no.  2-17-cv-435-DBB-DAO, December 16, 2021).  Judge David Barlow denied Defendant’s motion for summary judgement, denied in part and granted in part Plaintiff’s motion for summary judgment.  Plaintiff’s dependent son, Eric, was admitted to a residential treatment center (RTC) which United as the plan administrator partially covered and then denied additional days of coverage.  The medical necessity denial was justified in part because United determined that the dependent’s care could be covered at a lower level of care based on United’s Behavioral Health Plan Level Guidelines (LCG) and Coverage Determination Guidelines (CDGs).  The denial was upheld at each level of appeal, including external review.  Plaintiffs then brought this action under ERISA’s recovery of benefits claim 29 U.S.C § 1132(a)(1)(B) and through a  Parity Act Claim 29 U.S.C. § 1132(a)(3).

Although the Court rejected a number of the Plaintiff’s assertions regarding the UM review and appeals process (e.g., Judge Barlow disagreed that the plan failed to consider the opinions of all of treating medical professionals as asserted in the pleadings due to a lack of evidence), the Court did side with the Plaintiff’s assertion that “the explanations provided in the reviewers’ denial letters are conclusory and do not adequately show that Eric failed to meet the criteria for residential treatment.”  The Judge pointed out that the plan reviewer did not properly apply CDG criteria when assessing Eric’s medical necessity for RTC.  For example, the CDG “why now” factors embedded in the criteria were not fully addressed based on Eric’s continued MH/SUD issues (e.g., assessing his substance abuse and risk of relapse).

Judge Barlow held “For these reasons, the (C)ourt is unable to determine whether United’s denial of coverage is supported by substantial evidence, and, thus most find that it was arbitrary and capricious  Because Plaintiffs succeed on their ERISA claim, there is no need to consider their Parity Act Claim.” The case was remanded to United to reassess by applying the proper criteria.  The Judge ruled that benefits and prejudgment interest was premature, but he did award the Plaintiff’s attorney fees.

Website enhancements in progress made possible by

Content Disclaimer: Parity Track is a collaborative forum that works to aggregate and elevate the parity implementation work taking place across the country. The content of this website is always evolving. If you are aware of other parity-related work that is not represented on this website, please contact us so that we can continue to improve this website.

Presented by The Kennedy Forum Scattergood Foundation