Axler Goldich, along with the law firm of Shepherd, Finkelman, Miller & Shah, LLP and Chimicles & Tikellis LLP, filed a class action lawsuit in the Northern District of California against United Healthcare Services (“UHC”). The complaint alleges that UHC breached its fiduciary duty by failing to provide in-Network lactation consultants for mothers nationwide. This practice has forced countless women to seek out-of-Network lactation services for which UHC continues to refuse reimbursement.
The Pregnancy Discrimination Act of 1978 (“PDA”) and Affordable Care Act (“ACA”) set forth that ERISA health plans must cover any maternity-related expenses. Under the ACA, women with employer-sponsored health plans can seek breastfeeding support and supplies at no cost.
However, the complaint alleges that UHC has failed to provide coverage for breastfeeding support and lactation services and, worse, frustrates the appeal process by failing to properly process or respond to benefit claims and appeals after lactation services benefits are denied. In the named plaintiff’s case, claims and appeals appeared to simply disappear into UHC’s system.
This breach in fiduciary duty has potentially affected thousands of ERISA plan participants in the United States. As a result, insured individuals have been:
Having your health coverage denied can put a financial burden on you and your growing family. If UHC or any other insurer has denied your rightful request for coverage of lactation services or other maternal services, know that you can seek compensation.
If you or someone you love has been affected by a wrongful denial of lactation services or has been subjected to an administrative claims appeal process that is noncompliant with your plan’s guidelines, contact Axler Goldich today. Call us at 866-207-2920, or contact us online to schedule a consultation with one of our experienced class action lawyers. Our offices are located in Center City Philadelphia, and we serve clients nationwide.