Arce v. Kaiser Found. Health Plan, Inc., No. B215861

In plaintiff's class action suit under the Unfair Competition Law (UCL) claiming breach of a health plan contract and violation of the Mental Health Parity Act by categorically denying coverage for behavioral therapy and speech therapy to plan members with autism spectrum disorders, trial court's order sustaining defendant's demurrer is reversed and remanded as: 1) there is reasonable possibility that plaintiff can establish the requisite community of interest for a class action suit under the UCL; and 2) resolution of the UCL claim would not require the court to make individualized determinations of medical necessity or to decide complex issues of economic policy or other matters over which an administrative agency has exclusive jurisdiction. 

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Appellate Information

Filed January 26, 2010

Judges

Opinion by Judge Zelon

Counsel

For Appellant:  Law Offices of Scott C. Glovsky and Scott C. Glovsky

For Appellee:   Epstein Becker & Green, William A. Helvestine, Andrew J. Hefty, Lisa Caccavo and Damian D. Capozzola