Abraham Jewett  |  September 23, 2021

Category: Discrimination

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aetna mental health mental health insurance
(Photo Credit: Isabelle OHara/Shutterstock)

Aetna Mental Health Plans Class Action Lawsuit Overview: 

  • Who: The father of a teen with autism filed a class action lawsuit against Aetna Life Insurance Company.
  • Why: The plaintiff claims Aetna makes it more difficult for consumers enrolled in its health plans to get coverage for mental health conditions, including his son who was refused coverage in a residential treatment program.
  • Where: The class action lawsuit is pending in California federal court.

Aetna discriminates against patients with mental health issues by excluding coverage for them in residential treatment facilities, a new class action lawsuit alleges. 

Plaintiff Joshua Deighton claims Aetna treats mental health less importantly than physical health by using far-more restrictive standards and criteria to determine which residential treatment facilities receive coverage. 

Deighton wants to represent his 16-year-old son and a nationwide Class of consumers who are covered under an Aetna health plan. 

Aetna Mental Health Coverage Restricts Residential Treatment

Deighton claims he has a son with autism who had to be removed from his school in April 2019 as a result of disruptions caused by his condition. 

The plaintiff says he initially placed his son in a residential treatment center for teens with mental health and substance abuse issues, but alleges the staff at the facility did not treat him correctly or appropriately so he moved him to a facility geared more towards treating youth with autism. 

Aetna denied his claim for reimbursement for the cost of the facility, in addition to two of his subsequent appeals, according to the class action lawsuit.

Deighton argues that Aetna’s refusal to cover the cost of the residential treatment facility violates the Parity Act, which requires a group health plan to make access to mental health benefits no more restrictive than access to medical or surgical ones. 

“The Parity Act was intended to maintain or even slightly improve coverage for intermediate levels of care—i.e., services that fall between inpatient care for acute conditions and regular outpatient care, such as residential treatment, partial hospitalization, and intensive outpatient treatment—which can be effective at improving outcomes for people with mental health conditions,” states the class action lawsuit. 

Deighton is demanding a jury trial and requesting all relief that is just and proper for himself and all Class Members. 

A separate class action lawsuit was filed against Aetna earlier this month by a consumer who alleges the health care provider discriminates against LGBTQ individuals by not providing equal access to fertility treatment.

Have you had trouble getting reimbursed by Aetna following treatment for your mental health? Let us know in the comments! 

The plaintiff is represented by Omar G. Qureshi of Qureshi Law PC, L. David Russell of Russell Law PC, and Brian M. Adesman of Miller Adesman, PLC. 

The Aetna Mental Health Plans Class Action Lawsuit is Deighton v. Aetna Life Insurance Company, Case No. 2:21-cv-07558, in the U.S. District Court for the Central District of California


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One thought on Aetna Refused Mental Health Coverage for Teen With Autism, Says Class Action

  1. Kara Otoole says:

    I’d like to file a class action lawsuit against Aetna for not fully covering female contraceptive services, as they’re federally mandated to do in accordance to the Affordable Care Act. It says everywhere that they cover sterilization, among 17 other forms of birth control, at 100% with no cost sharing to the patient. Yet they’re trying to stick me with the bill.

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