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SCHMITT v. KAISER FOUND. HEALTH PLAN OF WASHINGTON

No. 18-35846.

965 F.3d 945 (2020)

Andrea SCHMITT, on her own behalf, and on behalf of all similarly situated individuals; Elizabeth Mohundro, on her own behalf, and on behalf of all similarly situated individuals, Plaintiffs-Appellants, v. KAISER FOUNDATION HEALTH PLAN OF WASHINGTON; Kaiser Foundation Health Plan of the Northwest; Kaiser Foundation Health Plan, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 14, 2020.

Attorney(s) appearing for the Case

Eleanor Hamburger (argued) and Richard E. Spoonemore , Sirianni Youtz Spoonemore Hamburger PLLC, Seattle, Washington, for Plaintiffs-Appellants.

Medora A. Marisseau (argued) and Mark A. Bailey , Karr Tuttle Campbell, Seattle, Washington, for Defendants-Appellees.

Huma Zarif , Northwest Health Law Advocates, Seattle, Washington; Sarah Somers , Elizabeth Edwards , and Wayne Turner , National Health Law Program, Carrboro, North Carolina; for Amici Curiae National Health Law Program and Northwest Health Law Advocates.

Carly A. Myers , Silvia Yee , and Arlene B. Mayerson , Disability Rights Education & Defense Fund, Berkeley, California, for Amici Curiae Disability Rights Education and Defense Fund; National Association of the Deaf; Bazelon Center for Mental Health Law; Hearing Loss Association of America; Hearing Loss Association, Oregon State Association; Washington State Communication Access Project; Oregon Communication Access Project; and California Communication Access Project.

Before: Ronald M. Gould and Jacqueline H. Nguyen, Circuit Judges, and Gregory A. Presnell, District Judge.

OPINION

Section 1557 of the Patient Protection and Affordable Care Act ("ACA"), 42 U.S.C. § 18116, prohibits covered health insurers from discriminating based on various grounds, including disability. Prior to the ACA's enactment, an insurer could generally design plans to offer or exclude benefits as it saw...

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