Associational Standing Under the Mental Health Parity and Addiction Act of 2008

The Second Circuit, in N.Y. State Psychiatric Ass'n v. UnitedHealth Group, recently reversed a federal trial's court dismissal of a Mental Health Parity and Addiction Act of 2008 ("Parity Act") suit brought on behalf of its members (NYSPA) against UnitedHealth Group as a plan administrator for alleged violation of the Parity Act by refusing to treat mental health benefits on par with medical and surgical benefits when applying treatment limitations.

As this was a reversal of a ruling on a Motion to Dismiss and  resulting in remand, we still don't know if NYSPA's opportunity to pursue their claim of standing to bring this litigation will ultimately prevail.  It will require NYSPA's proving its assertion that advancing the Parity Act claims does not require individualized proof.

Even the possibility that Parity Act claims might be proven at the global level and might be amenable to systemic analysis is a heady one.


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