Posted Feb 29, 2008 01:48 pm CST
A New Jersey judge has refused to dismiss a lawsuit seeking better insurance coverage for eating disorders.
The suit claims Aetna Inc. is improperly classifying eating disorders as a mental illness with no biological basis, the New Jersey Law Journal reports. The classification allows the insurer to limit coverage under its policies to 20 outpatient visits and 30 days of inpatient visits per calendar year.
U.S. District Judge Faith Hochberg said in a Wednesday ruling that the suit could proceed under the Employee Retirement Income Security Act. Hochberg dismissed state law claims, however, that would have allowed a jury trial and a request for punitive damages.