Legal Opinion · Concurring in part, dissenting in part

Jeanene Harlick v. Blue Shield of California

Court of Appeals for the Ninth Circuit

Decided June 4, 2012No. 10-15595Published

1Concurring in part, dissenting in partN.R. Smith, Circuit Judge

In our original opinion, we interpreted the word “Act” in the Parity Act’s 2003 implementing regulation (CaLCode Regs, tit. 28, § 1300.74.72(a)) to refer to the “Parity Act.” See Harlick v. Blue Shield of California, 656 F.3d 832, 845 (9th Cir. 2011). In my view, this interpretation of the word “Act” provided the lynchpin for our conclusion that the Parity Act was not limited by the provisions of the KnoxKeene Act. Therefore, we determined that the Parity Act mandated coverage for all “medically necessary” services by medical insurers. However, in Blue Shield’s Petition for Rehearing and…

2Cases cited20 opinions

  1. Dyna-Med, Inc. v. Fair Employment & Housing CommissionCalifornia Supreme Court · 1987
  2. Arias v. Superior CourtCalifornia Supreme Court · 2009
  3. Prudential-LMI Commercial Insurance v. Superior CourtCalifornia Supreme Court · 1990
  4. People v. GiordanoCalifornia Supreme Court · 2007
  5. Wells v. One2One Learning FoundationCalifornia Supreme Court · 2006

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