In re Micheletti

913 A.2d 842 (2007)

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In re Micheletti

New Jersey Superior Court, Appellate Division
913 A.2d 842 (2007)

  • Written by Jody Stuart, JD

Facts

Joseph Micheletti (plaintiff) had a son, Jake, with autism. As a state employee, Micheletti received family health insurance under the State Health Benefits Program (state program). Speech and occupational therapy were prescribed for Jake. The therapy treatments were medically necessary services, and the therapies were the only accepted treatment method used for a child with autism. The insurance plan excluded coverage of nonrestorative services, that is, services that would be rendered to promote development beyond a level of function previously demonstrated. The State Health Benefits Commission (commission) (defendant) denied coverage for Jake’s speech and occupational therapy on the grounds that the therapies were for developing or improving skills beyond a previously existing level and were therefore excluded from coverage. Micheletti appealed.

Rule of Law

Issue

Holding and Reasoning (Collester, J.)

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