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HARLICK v. BLUE SHIELD OF CALIFORNIA

No. 10-15595.

656 F.3d 832 (2011)

Jeanene HARLICK, Plaintiff-Appellant, v. BLUE SHIELD OF CALIFORNIA, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 26, 2011.

Attorney(s) appearing for the Case

Lisa S. Kantor , Elizabeth K. Green , Kantor & Kantor, Northridge, CA, for the plaintiff-appellant.

Adam Pines , Joanna Sobol McCallum , Manatt, Phelps & Phillips, LLP, Los Angeles, CA, for the defendant-appellee.

Before: WILLIAM A. FLETCHER and N. RANDY SMITH, Circuit Judges, and RICHARD MILLS, Senior District Judge.

OPINION

W. FLETCHER, Circuit Judge:

Plaintiff Jeanene Harlick suffers from anorexia nervosa. The question before us is whether Blue Shield was required to pay for her care at a residential treatment facility, either under the terms of her insurance plan or under California's Mental Health Parity Act. We conclude that her insurance plan does not so require, but that the Mental Health Parity Act does.

I. Background

A. Harlick's Treatment...

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