Dupree

I. Introduction

Timothy Dupree (“Dupree”) and Alexandra Martini (“Alexandra”), father and step-daughter, bring this ERISA appeal concerning whether or not Dupree’s employee health plan covers Alexandra’s stay at a residential treatment center (“RTC”) that had no contract with insurer Holman Profes- 9932 DUPREE v. HOLMAN PROFESSIONAL COUNSELING sional Counseling Centers (“Holman”). The district court found that the stay was not covered. We have jurisdiction pur- suant to 28 U.S.C. § 1291 and affirm.

II. Background

A. The Behavioral Health Insurance Plan

Dupree’s employer, Beverly Hills Hotel, contracted with Holman for behavioral health insurance coverage. Holman agreed to provide behavioral health services “through Provid- ers pursuant to the Schedule of Benefits,” allowing that, if enrollees chose to instead use non-contracted providers, they would do so at their own expense, “except as otherwise pro- vided in this Group Plan Contract.”1 This language is echoed in other contract provisions: declining to provide reimburse- ment “except in emergency cases or as outlined in this Group Plan Contract,” and declining to cover non-emergency treat- ment by…