National Class Action Sought Against CIGNA for Denial of ABA Therapy For Autism
Ian C. Langtree - Writer/Editor for Disabled World (DW)
Published: 2011/07/08 - Updated: 2024/06/06
Publication Type: Announcement
Category Topic: Lawyers and Rights - Academic Publications
Page Content: Synopsis - Introduction - Main
Synopsis: A federal court in Philadelphia is reviewing a motion for class action in a lawsuit against CIGNA Insurance over denying insurance coverage for Applied Behavior Analysis therapy. Earlier in the case, the Court denied CIGNA's Motion to Dismiss the case on legal grounds. The case is before Judge Juan R. Sanchez.
Introduction
A federal court in Philadelphia is reviewing a motion for class action in a lawsuit brought by the father of an autistic child against CIGNA Insurance over its policy of denying insurance coverage for Applied Behavior Analysis (ABA) therapy.
Main Content
In his lawsuit, the plaintiff, Kristopher Churchill, alleges that CIGNA has a nationwide policy of classifying ABA as experimental, and therefore not providing insurance coverage for this therapy.
The plaintiff claims that the classification of ABA therapy as experimental violates federal laws governing insurance plans. Earlier in the case, the Court denied CIGNA's Motion to Dismiss the case on legal grounds. The case is before Judge Juan R. Sanchez.
According to the lawsuit, ABA is a well recognized and scientifically valid form of autism treatment for children.
Numerous authorities and organizations have supported using ABA to treat autism, including the U.S. Surgeon General and the National Institute of Mental Health. Also, the American Academy of Pediatrics states that the effectiveness of ABA "has been well documented through 5 decades of research." Moreover, 26 states, including Pennsylvania, mandate insurance coverage for ABA-type autism treatments.
Churchill is represented by Gerard Mantese and John Conway of Michigan, and Greg Heller of Pennsylvania. Mantese and Conway are counsel in several cases seeking insurance coverage for ABA therapy.
In 2010, they obtained final approval of a class action against Blue Cross Blue Shield of Michigan requiring payment of approximately $1 million in claims for ABA. Mantese and Conway, and former Michigan State Senator, David Honigman, are also representing thousands of military beneficiaries seeking coverage of ABA therapy from the Department of Defense and its insurer, TRICARE.
In March 2011, a federal court in Washington D.C. granted class action status to the military beneficiaries in that case, Berge v Department of Defense, et al.
Author Credentials: Ian is the founder and Editor-in-Chief of Disabled World, a leading resource for news and information on disability issues. With a global perspective shaped by years of travel and lived experience, Ian is a committed proponent of the Social Model of Disability-a transformative framework developed by disabled activists in the 1970s that emphasizes dismantling societal barriers rather than focusing solely on individual impairments. His work reflects a deep commitment to disability rights, accessibility, and social inclusion. To learn more about Ian's background, expertise, and accomplishments, visit his full biography.