Kevin Malone, David Shillcutt, and Helaine Fingold, attorneys in the Health Care & Life Sciences practice, in the firm’s Washington, DC, office, co-authored an article in the Employee Benefit Plan Review, titled “U.S. Department of Labor Settles Unprecedented Lawsuit Against United Healthcare for Alleged Violations of the Mental Health Parity and Addiction Equity Act.”

Following is an excerpt (see below to download the full version in PDF format):

In the clearest indication yet of the increased enforcement of the Mental Health Parity and Addiction Equity Act (“MHPAEA”) under the Biden-Harris administration, two settlement agreements filed on August 11 provide that United Healthcare Insurance Co., United Behavioral Health, and Oxford Health Insurance Inc. (collectively, “United”) will together pay more than $15.6 million to settle allegations they violated the federal mental health parity law. The settlements in the case, Walsh v. United Behavioral Health, include $2.5 million to resolve claims brought by the U.S. Department of Labor (“DOL”), $1.1 million for claims brought by the New York Attorney General, over $2 million in penalties, and $10 million from private litigants. The complaints from the New York Attorney General and class of private litigants paralleled the allegations raised in DOL’s complaint (brought under Chapter 748 of the Laws of 2006 (“Timothy’s Law”) (New York State’s state-level parity law) and 29 U.S.C. § 1132(a)(3), respectively).

Jump to Page

Privacy Preference Center

When you visit any website, it may store or retrieve information on your browser, mostly in the form of cookies. This information might be about you, your preferences or your device and is mostly used to make the site work as you expect it to. The information does not usually directly identify you, but it can give you a more personalized web experience. Because we respect your right to privacy, you can choose not to allow some types of cookies. Click on the different category headings to find out more and change our default settings. However, blocking some types of cookies may impact your experience of the site and the services we are able to offer.

Strictly Necessary Cookies

These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.

Performance Cookies

These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.