Court certifies class in autism case

Posted on: December 27th, 2013 by Keith Dubanevich

On Tuesday, December 24, 2013, U.S. District Court Judge Michael Simon certified a class of persons with autism in a lawsuit against Providence Health Plan.  The lawsuit alleges that Providence has wrongfully denied applied behavior analysis therapy for children with autism.  The class includes all members of an ERISA health benefit plan issued in Oregon by Providence Health Plan since January 1, 2007 who have been diagnosed with autism.  Read the opinion and order here.

The lawsuit seeks an order from Judge Simon prohibiting Providence from denying ABA on the grounds of an exclusion in their health benefit plan that excludes treatments that relate to developmental disabilities, developmental delays or learning disabilities.

The class is represented by Keith DubanevichJosh Ross and Nadine Gartner of Stoll Berne, and Megan Glor of Megan E. Glor, Attorneys At Law.