Brian S. V. United Healthcare Ins. Co.

Brian S. V. United Healthcare Ins. Co. (U.S. Dist. Ct. for the Dist. of Utah, case no. 2:21-CV-64 TS, June 15, 2021). Judge Ted Stewart denied Defendant’s Motion to Dismiss Plaintiff’s Parity Act claim.  Plaintiffs plausibly alleged the key elements of a Parity Claim to low the case to proceed [i.e. 1) id specific treatment limitation – application of acute medical criteria to RTC coverage; 2) alleged medical/surgical analog – skilled nursing; and 3) alleged disparity – Plaintiff’s pleaded prima facie case with information available].