Lawsuit Claims Neiman Marcus Healthcare Plan Excludes Vital Mental Health Treatments

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A proposed class action lawsuit filed in Washington against The Neiman Marcus Group LLC Health and Welfare Benefit Plan and the Neiman Marcus Group LLC seeks to end the parties’ alleged discriminatory insurance practices, particularly for enrollees with developmental health conditions, including autism spectrum disorder. The 12-page complaint claims the defendants unlawfully exclude all coverage of neurodevelopmental therapies (speech, occupational and physical therapies) and applied behavior analysis that can improve the health and well-being of enrollees like the plaintiff, a three-year-old who, through his parents, seeks to enforce the Federal Mental Health Parity Act through the Employee Retirement Income Security Act (ERISA).

The lawsuit claims the defendants unlawfully fail to apply the Federal Mental Health Parity Act requirements to all services necessary to treat mental health conditions, uniformly denying coverage for applied treatments such as those specified above “even when medically necessary.”