Dupree v. Holman Professional Counseling Centers
Court of Appeals for the Ninth Circuit
1Opinion of the Court
Opinion by Judge HALL; Dissent by Judge PREGERSON.
HALL, Senior Circuit Judge:
I. Introduction
Timothy Dupree (“Dupree”) and Alexandra Martini (“Alexandra”), father and step-daughter, bring this ERISA appeal concerning whether or not Dupree’s employee health plan covers Alexandra’s stay at a residential treatment center (“RTC”) that had no contract with insurer Holman Professional Counseling Centers (“Holman”). The district court found that the stay was not covered. We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.
II. Background
A. The Behavioral Health Insurance Plan
Dupree’s…
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