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Parity Track in California

kantor & kantor, llp can assist you with your behavioral health needs

Parity Track is a tool that will monitor progress in achieving quality behavioral health care in every state. Kantor & Kantor, LLP has experience with parity track as well as other insurance matters.

We have been practicing attorneys for almost 30 years. In 2004, we established our now well-known law firm, Kantor & Kantor that specializes in plaintiff ERISA and bad faith, life, health, disability and other insurance cases. The vast majority of my cases involve representing insureds who have been denied coverage for treatment for an eating disorder. Over the last 10 years, much of our work has been fighting for the rights of patients who are denied treatment on the basis of denials that violate the Federal Parity Law. Our firm currently represents over 250 clients who are suffering from eating disorders and other mental illnesses, and have been denied treatment.

In 2006, Thompkins v. BC Life Ins. Co., 414 F.Supp.2d 953 (C.D. Cal. 2006) was the first published district court decision in California in which a client was denied benefits for inpatient treatment of Bulimia Nervosa. The court applied the California Mental Health Parity Law and found that the insurer had violated parity by denying our client’s treatment. The insurer paid the benefits it should have paid.

In 2012, the United States Court of Appeals for the 9th Circuit ruled in favor of our client, Janine Harlick in Harlick v Blue Shield of California, 686 F. 3d 699 (9th Cir. 2012), holding that the California’s Mental Health Parity Act must provide coverage of all medically necessary treatment for the nine enumerated “severe mental illnesses” under the same financial terms as those applied to physical illnesses. This decision was the first of its kind in the country and has paved the way for other mental health parity rulings. That same year, in Burton v Blue Shield of California Life & Health Ins. Co., 2012 WL 242842 (C.D.Cal.), the United States District Court for the Central District of California ruled in favor of our client, deciding that California’s Mental Health Parity Act mandates that Blue Shield of California must provide benefits for residential treatment of Ms. Burton’s major depressive and panic disorder. The Burton court relied on Harlick, pointing out the impossibility separating treatment for severe underlying mental illnesses from treatment for alcohol dependency.

On June 10, 2014, in Rea v. Blue Shield of California, 226 Cal. App. 4th 1209 (2014), the California Court of Appeal ruled in favor of our client, reversing the trial court and holding that the California Mental Health Parity Act required Blue Shield to provide all medically necessary treatment for people suffering from severe mental illnesses, including anorexia and bulimia. Blue Shield sought review of the ruling by the California Supreme Court, but the request was denied. As a result, both the federal and state courts have taken consistent positions regarding the interpretation of the Mental Health Parity Act.

We are staunch advocates for those suffering from eating disorders and other mental illnesses because we believe that with the right treatment, these are illness from which a person can fully recover. We believe that insurance companies should be forced to honor their contractual obligations with their insureds by recognizing what the medical community has already recognized; that mental illnesses are serious, debilitating conditions that deserve the same treatment as physical ailments. Through the work we have done, we have seen firsthand that recovery is possible. Our biggest reward has been to watch many of our former clients go on to lead full, happy and healthy lives after receiving the treatment to which they were entitled.

Contact our firm today and speak with an attorney you can trust. 

What Sets Us Apart?

  • Free Case Consultations Provided
  • 160+ Years' Collective Experience
  • Thousands Of Cases Successfully Handled
  • You Don't Pay Us Unless We Recover Your Claim
  • Selected For Inclusion In The List Of Super Lawyers®

Client Testimonials

  • Finding, and working with your team has been such a blessing to me.

    “Thanks again for all your help. Finding, and working with your team has been such a blessing to me. Deepest regards.”

    M.

  • First of all, I want to express my extreme gratitude for probably saving my daughter's life.

    “First of all, I want to express my extreme gratitude for probably saving my daughter's life. By staying in treatment, the improvement is remarkable. She had been in eating disorder facilities many times, and treatment had been interrupted repeatedly by Anthem Blue Cross's denying benefits. Many of the health professionals were telling me that maybe my daughter was a hopeless case. You both gave me hope. She is still struggling with some residual issues around eating, but the change in her attitude, her ability to assess her own recovery, and her wish to live instead of to die, is evident in her life. Now she is back in school, after years of having her education disrupted by the eating disorder. She goes places with friends, and even goes out to restaurants for fun! This year marked the first holiday season for many years, when she had not been in a treatment facility. Other people gave up and you didn't. I can't thank you enough. You took the action that was necessary to keep my daughter in treatment long enough for it to work.”

    Anonymous

  • Thank you for all of your hard work, support and belief in our case.

    “Hi Elizabeth - You have been such an important part of my and Jennifer's past year, and I want to send you a note to wish you a wonderful holiday. Thank you for all of your hard work, support and belief in our case. Thank you seems like two small words and not enough, but they are heartfelt and mean so much.”

    J.H.

  • The arguments you made on our behalf at the mediation resulted in a more positive outcome for our case than we could have otherwise expected.

    “We appreciate that you found merit in our case, and that you were both willing and able to be present at the mediation. We believe that the arguments you made in our favor to the mediator were able to influence the outcome towards resolution that we could feel satisfied with. In the end, we believe that your counsel, your support, and the arguments you made on our behalf at the mediation resulted in a more positive outcome for our case than we could have otherwise expected. Throughout you were always professional, but direct and clearly firm on our position. We thank you for your efforts to resolve our dispute to our satisfaction, and wish you continued success.”

    Mara T.

  • Your compassion for me and my situation is very much appreciated.

    “My thanks to you for pursuing my case with vigor. I don't know much about how these legal things are handled, but I could tell by your communications with me, making sure I was always informed, that you were on top of it all. Also, you were ALWAYS available to me to answer questions, and your compassion for me and my situation is very much appreciated. I have had limited exposure to the legal system and attorneys, but I have never been able to just call and talk to them, as I could with you. I always had to speak with someone in the office that couldn't really answer my questions.”

    D.B.