Court certifies class in autism case

December 27, 2013 by

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.

Keith Dubanevich
Keith is an accomplished trial, appellate, and healthcare lawyer with over 30 years of experience in more than a dozen different jurisdictions around the country. With a focus on complex dispute resolution, with particular emphasis in the healthcare industry, Keith is adept at handling multi-state and internal antitrust cases, consumer litigation, and securities disputes. In healthcare, he has handled peer review disputes, partnership and incorporation matters, and billing investigations. Keith has led internal investigations for public entities as well as for not-for-profit organizations. Keith's clients value his keen instincts in court and his ability to delve into complex legal issues while never losing sight of the overall strategy of a case. During his time at the Oregon Department of Justice as Associate Attorney General and Chief of Staff, Keith led the creation of a civil rights unit, managed securities litigation including multiple cases against financial services companies, and supervised antitrust investigations and prosecutions. He was also involved with the adoption of legislation that expanded the Unlawful Trade Practices Act and legislation that imposed a mediation requirement prior to non-judicial foreclosures.

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