Danielle M. Jaffee

Abstract

This Note examines the recent trend toward class actions challenging insurers’ denial of autism treatment coverage. The author analyzes how state and federal laws regarding insurance coverage for autism treatment create a gap that allows insurers to deny coverage, even despite overwhelming evidence of the benefits of such treatment for autistic individuals. Past individual challenges of insurers’ actions have provided little guidance to consumers about insurers’ legal obligations, and recent collective actions have done little to clarify these obligations. The author reviews the decisions of three courts addressing the certification of class challenges to insurers’ denials and offers suggestions for how consumers can successfully challenge insurers’ practices in future class actions.

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