Ninth Circuit: Andrea Schmitt v. Kaiser Foundation Health Plan


Statute's nondiscrimination provision's reference to other civil rights laws implicates, but does not guarantee, the protections in those laws.

Prior caselaw as to previous statutes indicating that they don't cover health plan design are superseded by the reference in the present Act.

State enactment of plan's legislation cannot abrogate federal nondiscrimination provisions.

Specific protections don't imply that they are exhaustive -- no expressio unius.

Blanket exclusion of all treatments except one for a particular condition does not state a claim for discrimination.

Allegedly discriminatory conduct towards those with a certain condition is not proxy discrimination towards those with the associated disability.