Thursday, June 12, 2008
IF YOU HAVE BLUE CROSS--SEE THIS INFO ON CLASS ACTION LAWSUIT!
Dear Ms. Husband,
We have filed a class action lawsuit against Blue Cross Blue Shield of Michigan because of their denial of coverage for applied behavior analysis treatment for autistic children. Blue Cross claims that ABA treatment is experimental or investigatory, and uses this as a basis for denying coverage. Blue Cross makes this claim, despite the fact that ABA is a scientifically valid and medically accepted treatment.
We have therefore filed a class action against Blue Cross under the Federal Employee Retirement Insurance Savings Act (ERISA). One of the requirements for a class action is that the class be numerous. This means there must be a large number of people who are all similarly situated. Usually, 40 class members are sufficient to satisfy the numerosity requirement.
In our case, the class consists of:
all plan participants and beneficiaries insured under ERISA-governed employee benefit plans administered by Blue Cross and Blue Shield of Michigan who have been denied coverage for ABA treatment within the last six years.
We would like to know how many individuals meet this definition. That is, how many people have employee benefit plans administered by Blue Cross Blue Shield of Michigan, and have also been denied coverage for applied behavioral analysis treatment within the last six years.
If we can show that the class is large it will help us certify the case as a class action. Anyone who thinks that they fall within the class definition may contact:
Mark Rossman .
Mantese & Rossman, P.C.
1361 East Big Beaver Rd
Troy, MI 48083
(248) 457-9200 firstname.lastname@example.org
John J. Conway
John J. Conway, P.C.
645 Griswold St, Ste 3600
AIM Position Statement
2) all people with ASD should be covered, regardless of age.
3) Autism Spectrum Disorder is defined as any of the pervasive developmental disorders as defined by the most recent edition of the DSM.
4) this coverage should include treatments as prescribed or ordered by the insured's treating physician or psychologist and that no insurer may deny coverage for an individual based solely on the fact that the individual is diagnosed with an ASD.
5) covered treatments shall not be subject to visit limits.
6) there should be a provision for an expedited arbitration process if an insurance company denies coverage or changes coverage status.
7) coverage should not be construed as limiting access to benefits or other services that are otherwise available to an individual.
List of Supporting Organizations as of 4/23/10
Ann Arbor Families for Autistic Children's Education and Support
Autism Advisory Group
Autism Insurance in Michigan (AIM)
Autism Resource Network
Autism Society of America
Autism Society of America - Oakland County Chapter
Autism Society of Washtenaw County
Autism Society of WestShore
Autism SpeaksAutism Alliance of Michigan
Behavior Analysts Association of Michigan
Detroit Medical Center
Elder Disability Rights Association Section of the State Bar of Michigan
Family Chiropractic Clinic
First Capital Directories
Fravel Financial Services
GFWC Madison Heights Intermediate Womens Club
Glenn Buege Chevrolet
Henry Ford Health System
Kaufman Children's Center for Speech, Language, Sensory-Motor & Social Connections, Inc.
Michael James Associates
Michigan Association of Elementary and Middle School Principals
Michigan Association of IntermediateSchool Administrators
Michigan Association of School Administrators
Michigan Association of School Boards
Michigan Association of School Psychologists
Michigan Association of School Social Workers
Michigan Council for Maternal and Child Health
Michigan Nurses Association
Michigan Pharmacists Association
Michigan Secondary School Principals Association
Michigan Speech Language Hearing Association
Middle Cities Education Association
Monroe IntermediateSchool District
National Alliance on Mental Illness - Michigan Chapter (member of Partners for Parity)
National Council of Jewish Women, Greater Detroit Section
The Abilities Center
The Ann Arbor Center for Developmental & Behavioral Pediatrics
Traverse Bay Area Intermediate School District