  J.T.L. is a subscriber to and beneficiary of the Eaton Vance Management Health  Benefit Plan.     J.T.L. is an eight-year-old boy who has been diagnosed with autism by his  treating physician.  His treating physician referred J.T.L. to a Board Certified Behavior Analyst  for clinical ABA therapy to treat his autism.  J.T.L.’s treating physician has approved the  treatment plan developed by his ABA therapist.     J.T.L. receives ABA therapy from Apple Consulting in Bellevue, Washington.   J.T.L.’s therapy is overseen by a Board Certified Behavior Analyst.       J.T.L.’s ABA therapist is a covered provider under the terms of the plan.     J.T.L.’s treatment plan calls for 6 hours per week of ABA therapy provided in a  clinical setting and 20 hours per week of ABA therapy provided in a school setting.     J.T.L.’s therapist does not work for, is not affiliated with, and is not paid by  J.T.L.’s school.  J.T.L.’s therapist provides services to him both in a clinical setting and in a  school setting.     Class Definition:  The Class consists of all individuals who: (1) have been, are,  or will be beneficiaries of an ERISA-governed health plan that has been or will be delivered,  issued for delivery, or renewed by defendant BCBS-MA; (2) have been or will be diagnosed  with an autism spectrum disorder; and (3) have required at any time within six years prior to  the filing of this complaint, require, or will require ABA therapy in a school setting as part of a  treatment plan approved by their treating physician.     The definition of the Class is clear and members of the Class are easily  identifiable on the basis of objective information.  BCBS-MA maintains records of its  subscribers and coverage determinations.  Children who have been diagnosed with an autism  spectrum disorder and whose providers have sought authorization or reimbursement for ABA  therapy provided in school as part of a physician-approved treatment plan can be identified  from BCBS-MA’s records through use of diagnostic and procedure codes.     The number of children whose treatment for autism spectrum disorder calls for  ABA therapy delivered in school as part of a physician-approved treatment plan and who are  beneficiaries of an ERISA-governed health plan insured by BCBS-MA is expected to number  in the hundreds and is so large that joinder of all Class members is impracticable.     Plaintiffs re-allege each and every allegation set forth in the proceeding  paragraphs.      ERISA provides that a participant or beneficiary may bring an action to “recover  benefits due to him under the terms of his plan, to enforce his rights under the terms of the plan,  or to clarify his rights to future benefits under the terms of the plan.”  ERISA § 502(a)(1)(B);  29 U.S.C. § 1132(a)(1)(B).     Plaintiffs and the Class are entitled to recover benefits they have been denied on  the basis of the improper exclusion for medically-necessary ABA therapy provided in a school  setting, as described above.     Plaintiffs and the Class are entitled to a declaration of present and future rights  to benefits for medically-necessary ABA therapy that is part of a treatment plan approved by a  treating physician, without regard to whether the therapy is provided in a school setting.       Plaintiffs re-allege each and every allegation set forth in the proceeding  paragraphs.     ERISA provides that a participant or beneficiary may “enjoin any act or practice  which violates any provision of [ERISA] or the terms of the plan.”  ERISA § 502(a)(3); 29  U.S.C. § 1132(a)(3)(A).  A participant or beneficiary may also obtain appropriate equitable  relief to redress violations of those provisions.  ERISA § 502(a)(3)(B); 29 U.S.C.  § 132(a)(3)(B).     Plaintiffs re-allege each and every allegation set forth in the proceeding  paragraphs.     BCBS-MA is a fiduciary under ERISA because it makes benefit determinations  and reviews and finally decides appeals of denied claims under the ERISA plans it insures.  29  Breach of Fiduciary Duties  ERISA § 502(a)(2); 29 U.S.C. § 1132(a)(2); ERISA § 404(A)(1); 29 U.S.C. § 1104(A)   Claim for Recovery of Benefits, Clarification of Rights under the Plan, and Clarification  of Right to Future Benefits under the Plan  ERISA § 502(a)(1)(B); 29 U.S.C. § 1132(a)(1)(B)   Claim to Enjoin Acts and Practices in Violation of the Terms of the Plan, to Obtain Other  Equitable Relief, and to Enforce the Terms of the Plan   ERISA § 502(a)(3); 29 U.S.C. § 1132(a)(3)  