In The Courtroom

Court Advances Autism-Treatment Lawsuit Against California Regulator

October 28, 2009  ·  Consumer Watchdog

<p> LOS ANGELES, CA -- A lawsuit claiming the California Department of Managed Care improperly allowed health insurers to decline payment for autism treatments will proceed to trial after a Los Angeles County Superior Court judge rebuked the state in a preliminary ruling. A Consumer Watchdog representative said regulators should stop denying coverage on the grounds that ABA providers are certified not by the state but by a national board. Continuing to do so would risk legal damages, the advocacy group said in a statement. "The DMHC has to change its practices going forward, and the department should immediately reverse its previous denials," Pam Pressley, litigation director for Consumer Watchdog, said in a statement. "Gov. Schwarzenegger, a long-time and vocal supporter of the Special Olympics and developmentally disabled children, should require his regulators to abide by the law." </p>

Suit Challenges State’s Autism Practices

October 27, 2009  ·  Consumer Watchdog

A lawsuit alleging state regulators allow insurance companies to deny necessary but expensive treatment for autistic children in violation of state law has enough merit to proceed to trial, a Los Angeles Superior Court judge has ruled. The lawsuit, filed in July by Santa Monica-based Consumer Watchdog, seeks to compel the California Department of Managed Health Care to order health plans to cover applied behavioral analysis (ABA) if a member complains the treatment was denied though it is deemed medically necessary and is provided by licensed personnel or under the supervision of licensed personnel.

Autism Treatment Claims Dispute Can Go To Trial

October 27, 2009  ·  Consumer Watchdog

A lawsuit seeking health care coverage for the use of applied behavioral analysis in the treatment of autism has been cleared for trial by the Los Angeles County Superior Court. Consumer Watchdog et. al. vs. California Department of Managed Health Care et. al. involves Kaiser Permanente’s denial of coverage for a child’s ABA treatment because the provider wasn’t licensed by the state. The Oakland, Calif.-based health maintenance organization cited regulations issued by the California Department of Managed Health Care as its reason for denying coverage for ABA treatment.

Judge To Schwarzenegger Administration: Autism Denials Illegal

October 27, 2009  ·  Consumer Watchdog

<strong>Santa Monica, CA – A Los Angeles County Superior Court judge issued a ruling finding that the Schwarzenegger Administration has illegally sided with health insurance companies that deny access to care for autistic children.  A memo circulated by the Schwarzenegger Administration to health insurers was also ruled to be an illegal “underground regulation” because it violated state law requiring a public process for changing insurance regulations.</strong>

Ruling Deals A Blow To Denials Of Autism Treatment

October 27, 2009  ·  Consumer Watchdog

<p> <strong>Refusing to cover a costly behavioral therapy because the care provider lacks a state license violates California law, a Los Angeles County judge finds.</strong> </p> <p> Consumer Watchdog President Jamie Court said the ruling was reason enough for Gov. Arnold Schwarzenegger to order the department to stop fighting the suit and start ordering insurers to provide the treatment to their autistic members. "For an administration that is so involved with the Special Olympics to not understand the harm it's causing every day that an autistic child doesn't get the care they need, is not only legally inexcusable, but morally reprehensible," Court said. </p>

Lawsuit Targets DirecTV’s Early Cancellation Penalty

September 24, 2009  ·  Consumer Watchdog

California consumers have taken DirecTV to court, saying the El Segundo-based satellite television company's "early cancellation penalty" unlawfully removes funds from customer bank accounts and charges their credit cards without prior knowledge or consent. DirecTV denies the allegations, which have been brewing in state courts for a year. The company has more than 18 million subscribers nationwide but does not break out subscriptions for individual states or metro markets. The latest action came Monday, when Santa Monica-based Consumer Watchdog joined plaintiffs in a motion asking the court to block DirecTV from collecting the disputed fees until the class-action suit is resolved.<br />

Consumers Ask Court To Stop DIRECTV From Taking Disputed “Cancellation Fees” Out Of Bank Accounts, Credit Cards

September 22, 2009  ·  Consumer Watchdog

<p> <strong>Satellite TV Company Charged Unlawful “Early Cancellation”</strong></p> <p> <em>Santa Monica, CA — </em>Consumers who are being charged an “early cancellation penalty” by satellite television company DIRECTV asked the Los Angeles Superior Court to block the company from automatically removing the fees from customers’ bank accounts or charging their credit card accounts without their prior knowledge and written consent until the lawsuit is resolved.</p>

Consumers’ Lawsuit Against DIRECTV May Proceed, Court Says

July 15, 2009  ·  Consumer Watchdog

<p> <strong>Satellite TV Company Charges Unlawful "Early Cancellation" Fee, Consumer Advocates Contend</strong><br />  <br /> Santa Monica, CA -- A class action lawsuit charging that DIRECTV, the satellite entertainment company, imposes unlawful early cancellation fees of up to $480, often taking the money directly out of a consumer’s credit card or bank account without the customer’s permission, may proceed, a California Superior Court judge has ruled.<br />  <br />

California Sued Over Regulation of Autism Treatments

July 8, 2009  ·  Consumer Watchdog

The lawsuit, filed by Consumer Watchdog in Los Angeles Superior Court, claims DMHC has permitted the denial of "critically needed, medically necessary" treatments. The advocacy group alleged Department Director Cindy Ehnes illegally permitted insurers to deny coverage for Applied Behavioral Analysis, a common autism treatment, in violation of the California Mental Health Parity Act. Also, DMHC improperly withheld public documents requested by Consumer Watchdog, it claims.

Suit Alleges California Lets Insurers Deny Treatment For Autistic Kids

July 2, 2009  ·  Consumer Watchdog

A nonprofit consumer group has filed a lawsuit against state regulators alleging they allow insurance companies to deny necessary but expensive treatment for autistic children in violation of state law. Santa Monica-based Consumer Watchdog filed the lawsuit against the California Department of Managed Health Care Tuesday in Los Angeles Superior Court.

Autism Patients’ Treatment Is Denied Illegally, Group Says

July 2, 2009  ·  Consumer Watchdog

<p> <strong>Consumer Watchdog asks a judge to order the state Department of Managed Health Care to enforce the law and require insurers to serve autistic members. The agency says it's doing its job.</strong><br /> <br /> "Californians, including those stricken with autism and their parents and caregivers, expect regulators to enforce the law, not to side with insurance companies seeking to boost their profits by denying patients the care they need," said Harvey Rosenfield, founder of the nonprofit Consumer Watchdog and author of the landmark automobile insurance reform initiative Proposition 103. </p>

Group Sues Calif. Regulators Over Autism Care

July 1, 2009  ·  Consumer Watchdog

<p> Consumer Watchdog, a Santa Monica group that monitors insurance practices, has asked the court to order the Department of Managed Health Care to require insurers to provide autistic children with treatments ordered by their doctors. The group also wants the department to turn over records showing the agency's violations in this area. </p>