Aetna Settles Class Action by Extending Coverage for Eating Disorders

Todd Slaughter
Attorney
(866) 735-1102 Ext 655
Posted by Todd SlaughterJune 04, 2008 1:49 PM

It is well known that certain individuals, usually young women, develop eating disorders which eventually affect their health. In fact, anorexia nervosa or bulimia nervosa, if left untreated often result in death. Young women suffering from these disorders require intensive psychological and nutritional intervention that often takes years.

Aetna, and several other carriers, have placed arbitrary limits on the number of treatments that these patients can seek. In Aetna's case the limitis 20 outpatient visits per calendar year and 30 days of inpatient benefits. These and other policy restrictions often inhibit eating disorder sufferers from seeking treatment, as they know it is expensive, and they do not believe the carriers will cover all the session in the end.

A class action suit was brought against Aetna in New Jersey, DeVito v. Aetna Inc., civ-070-418, seeking to require Aetna to extend the same level of benefits it does for "biologically based mental illnesses," such as schizophrenia, to eating disorders which Aetna simply characterized as "non-biologically based."

In a monumentalstep forward, Aetna has now settled this class action by agreeingto"cover claims submitted [by its] insureds for the diagnosis, care and treatment of eating disorders in the same manner as biiologically based mental illnesses." Though Aetna has made a significant concession on this topic, the details of how far the new coverage recognition will apply is still uncertain. Aetna maintains that this coverage will be available in all "fully insured" plans.Those are plans funded by employers. As to whether Aetna's newcoverage policywill trickle down to individual policies or non-ERISA based plans is entirely uncertain.

This is the first time that a carrier has placed eating disorders on a parity with other "biologically based mental disorders." In doing so, it is expected that many individuals suffering from anorexia or bullima will finally come forward and obtain the treatment that they so desparately need.

Finding the words "magnanimity" and "insurance carrier" hard to reconcile, it appears that Aetna may have been motivated by certain legislation now before Congress seeking to provide equitable treatment for those suffering from eating disorders.

3 Comments

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Sharon Hodge
Posted by Sharon Hodge
July 02, 2008 9:03 AM

How can we get a similar action in Pennsylvania? Victims of eating disorders are discriminated against terribly and the insurance companies have been getting away with it for far too long.

I have two family members who suffer from this disease. I can see that it is not only a BBMD but there is also a hereditary components which I believe further confirms the Biological based aspect of this disease. In advance I apreciate any reply.

Sincerely, Sharon Hodge RN MSN

MICHAEL TORPEY
Posted by MICHAEL TORPEY
July 02, 2008 3:53 PM

My daughter was treated last year for an eating
disorder and I was left paying about 10,000 in
bills after the insurance company paid their
limited benefits.
If there is any advise or help out there,
please contact me.
Thank You,
Mike torpey

Todd Slaughter
Posted by Todd Slaughter
July 02, 2008 4:49 PM

Sharon and Mike,
You didn't provide an email so that I could reply directly to your comments.

The reason that the class action vehicle is appropriate to get the insurer to changes its policy, is that individual cases ordinarily do not have enough at stake to get the carrier's attention, and attorneys are reluctant to take up the cause because they are unlikely to get paid in the end.

It may be worth you while to contact the attorney that handled this class action. Burce Nagel can contacted through his website at nagelrice.com.

Thanks for your comment and good luck.
Todd Slaughter

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