In Dupree v. Holman Professional Counseling Centers, 572 F.3d 1094 (July 29, 2009), the Ninth Circuit followed the language of the ERISA plan in determining that there was no coverage under a health insurance plan for non-emergency services at a non-contracted facility. The Ninth Circuit ruled that the clear language of the ERISA plan repeatedly asserted that non-contracted provider services were not covered.