In a case involving alleged violations of ERISA and the Mental
Health Parity and Addiction Equity Act, the District Court of the
Western District of Kentucky certified a class of Anthem Health
Plan insureds who were denied coverage or reimbursement for Applied
Behavior Analysis, a particular treatment for Autism Spectrum
Disorders. The court then ordered plaintiff to submit a proposed
draft notice to be sent to class members. The parties agreed (for
the most part) on the content of the notice, but a dispute arose
regarding the method of delivery to the class members.
Plaintiff proposed direct mail notice supplemented with
a class website, which would serve as a central location for
posting the notice as well as any related class documents,
including the complaint, the order certifying the class, and future
scheduling orders or briefing on significant issues. Anthem opposed
the website, arguing that the class was not large enough to require
this medium and that using
