The Department of Labor’s Employee Benefits Security Administration has posted the following related to preexisting condition exclusions, lifetime and annual limits, rescissions and patient protections under the Affordable Care Act: The EBSA has published guidance …
Here, there are no terms in the plan which allow it to be amended by inserting into the SPD such critical provisions as the administrator’s discretionary authority to interpret the plan or to determine eligibility …
The Department of Labor’s Employee Benefits Security Administration has posted the following related to preexisting condition exclusions, lifetime and annual limits, rescissions and patient protections under the Affordable Care Act: The EBSA has published guidance …
“ERISA provides certain minimal procedural requirements upon an administrator’s denial of a benefits claim.” Wade v. Hewlett-Packard Dev. Co. LP Short Term Disability Plan, 493 F.3d 533, 539 (5th Cir. 2007). The plan administrator must …
More on this later, but Judge Henry Hudson has ruled that the PPACA individual mandate is unconstitutional: Judge Henry E. Hudson ruled Monday for the state’s claim that the requirement for people to purchase health …
ERISA provides federal courts with jurisdiction to review benefits determinations made by fiduciaries or plan administrators. 29 U.S.C. § 1132(a)(1)(B); see also Lopez ex rel. Gutierrez v. Premium Auto Acceptance Corp., 389 F.3d 504, 509 …
So argued Professor James Ely today in a symposium on the PPACA sponsored by the Charleston School of Law. And a federal district court judge agreed in a case in which he and fellow academics brought …
Following up on an earlier post, the new claims appeals and review rules present some opportunities to claimants and concomitant risks to plans. PHS incorporate the existing claims regulation DOL Reg. Sec. 2560.503-1 into an …
Below appears a recent DOL Advisory Opinion on MEWA status of a health plan benefit plan: 2011-01AERISA SEC.3(40) & 514(b)(6) Dear Mr. Wender:This is in reply to your request on behalf of the Custom Rail …
In Comrie v. IPSCO (7th. Cir. 2/18/11) the Seventh Circuit considered whether a discretion-conferring clause in a SERP plan document should be applied when the plan administrator is not a fiduciary. Noting a difference of …