Anonymous Oxford Health Plan Member with ID # 602364*01 v. Oxford Health Plans NY, Inc. et al
| Anonymous Oxford Health Plan Member with ID # 602364*01 |
| Oxford Health Plans NY, Inc., United Healthcare Services, Inc. and United Healthcare, Inc. |
| 1:2008cv00943 |
| January 29, 2008 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Paul A. Crotty |
| Labor: E.R.I.S.A. |
| 29 U.S.C. ยง 1002 E.R.I.S.A.: Employee Retirement |
| Plaintiff |
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Filing
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OPINION & ORDER #97234: granting 13 Motion to Dismiss. CONCLUSION The language in Plaintiff's 2003 health plan clearly precludes coverage for out-of-network, inpatient mental health services. Plaintiff's concern and care for his daughte r are entirely commendable, but unfortunately the plan itself is unambiguous and it does not provide for out-of-network coverage. For the reasons previously discussed, Defendants' motion to dismiss is GRANTED and Plaintiff's Complaint is DISMISSED. The Clerk of the Court is directed to terminate this matter.(Signed by Judge Paul A. Crotty on March 16, 2009) (mov) Modified on 3/18/2009 (mro).
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