Minding the Gap: Seeking Autism Coverage in Class Actions When State and Federal Laws Fail

This Note examines the recent trend towards class actions to challenge insurers’ denial of autism treatment coverage. The author examines how state and federal laws regarding insurance coverage of autism treatment creates a gap allowing insurers to deny coverage, even in spite of the overwhelming proof of the beneficial nature of autism treatment for autistic individuals. Past individual challenges of insurers’ actions gave little guidance to consumers about the legal obligations of insurers for autism treatment and recent collective action has done little to provide more. The author examines the decisions of three courts determining the certification of class challenges to insurers\u27 denials, and proffers how consumers can successfully challenge insurers\u27 practices in class actions moving forward