Psych-Appeal Files Class Action Against Health Care Service Corporation for TMS

Psych-Appeal and its collaborating counsel have filed a first-of-its-kind class action complaint against Health Care Service Corporation in the United States District Court of Illinois, Northern District. The complaint alleges that Health Care Service Corporation improperly denies Transcranial Magnetic Stimulation (TMS) for insureds afflicted by Major Depressive Disorder, a severe and disabling mental illness that does not always respond to first line treatments.

Although TMS is an FDA-approved, scientifically-validated treatment that is well-recognized by the mental health community, the class-action complaint alleges that HCSC continues to exclude TMS in violation of plan terms and the Employee Retirement and Income Security Act of 1974. HCSC is also alleged to violate the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 by requiring preauthorization for all outpatient mental health services without requiring the same for all outpatient medical/surgical services.