ERISA

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Latest blogosphere posts tagged “ERISA”

  • GINA Interim Final Regulations: Highlights and the Potential Impact on Group Health Plans


    Employer Law ReportAuthority Authority: 107
    On October 7, 2009, the DOL, IRS, and HHS issued interim final regulations implementing Sections 101 to 103 of the Genetic Information Nondiscrimination Act of 2008 (GINA). For group health plans, these regulations become effective on the first day of the plan year beginning on or after December 7, 2009. For the ...
    2 days ago
  • Check this guy’s credentials. Then, read the letter he wrote, below. WOW! What a letter!


    Passion for SubroAuthority Authority: 136
    Born St. Louis , Missouri , August 21, 1944Bar Admissions:North Carolina, 1969U.S. District Court, Eastern, Middle and Western Districts of North Carolina , 1969U.S. Tax CourtFourth Circuit Court of AppealsEducation: Wofford College , 1966A.B.Mercer University, 1969J.D.Phi Alpha DeltaVice-Justice, District XIV, 1968 ...
    3 days ago
  • ANTI-SUBROGATION BILL PASSED IN NEW YORK


    Passion for SubroAuthority Authority: 136
    The bill will eliminate subrogation and reimbursement rights for fully-insured health insurance plans in New York. The actual ramifications of this new legislation will not ne known until it has been tested in trial and appellate courts have had a chance to interpret the new law and its implications.It appears that ...
    3 days ago
  • Subrogation Rights Not Affected By Stop-Loss Insurance Payment


    Passion for SubroAuthority Authority: 136
    The fact that a stop-loss insurer reimbursed a plan for some of the benefits the plan does not affect the plan’s ability to seek recovery from the participant’s tort settlement with a third-party tortfeasor. A federal court in Idaho upheld that outcome, allowing the plan to assert an equitable lien. The plan was ...
    3 days ago
  • ERISA Plan Documents Time Limitations Are Enforceable


    Passion for SubroAuthority Authority: 136
    MyHealthGuide Source: Employer’s Guide to Self-insuring Health Benefits, Todd Leeuwenburgh, Editor, Thompson Publishing Group. Copyright 2009. 11/13/09, www.thompson.comCases:• Salisbury v. Hartford Life and Accident Co., 2009 WL 3112411 (10th Cir., 9/30/09)• Lutz v. Philips Electronics North America Corp., 2009 ...
    5 days ago
  • Law Firm Informant Points Finger at Lawyer for Other Lawyers in Pension Cases


    ABA Journal Top StoriesAuthority Authority: 677
    A lawyer representing other lawyers in an ongoing probe of New York pensions being paid to attorneys who alleged did government legal work as private practitioners while being reported as state employees may himself have a dubious claim to his more than $120,000-a-year pension. Citing claims by an unidentified ...
    1 week ago
  • Disability Attorney Named to Board of Advisors at St. Johns University Center for Labor and Employment Law


    The New York Disability Law BlogAuthority Authority: 107
    I am looking forward to attending the Inaugural Dinner of the new St. Johns University School of Law Center for Labor and Employment Law at the Williams Club in New York City this Thursday. In attendance will be our Law Schools  new Dean, Michael A. Simons .  I am deeply honored to have been asked to become an ...
    1 week ago
  • 17 Reasons to Say No to H.R. 3962


    Building A Better IndianaAuthority Authority: 132
    Not quite sure you understand this health care reform debate? Saying to yourself — yes, we need to change the current system, but what exactly will this House bill they’re going to vote on tomorrow do to business? Businesses that, by the way, provide the jobs that allow people to have health insurance in the first ...
    2 weeks ago
  • A Belated Halloween Treat or Trick from the Eighth Circuit


    Pension Risk MattersAuthority Authority: 112
    ERISA legal expert and Ropes & Gray LLP partner, Attorney Andrew L. Oringer provides an interesting insight into a recent case about the investment of excess assets and prudence. The case he cites can be downloaded by clicking here . Note the courts opinion on page 5 wherein it writes that the plaintiff, ...
    2 weeks ago
  • Exposing a Provision That Extends Immunity for Insurance Companies


    RedStateAuthority Authority: 817
    2 weeks ago
  • A Summary of the Government Takeover of Health Care


    Start Thinking RightAuthority Authority: 501
    This is a prepared House Republican document which you can view as a PDF file here . House Democrat Health “Reform” Legislation: Short Summary of the Government Takeover of Health Care October 29, 2009 BACKGROUND AND EXECUTIVE SUMMARY On October 29, 2009, Speaker Pelosi and the House Democrat leadership ...
    2 weeks ago
  • Doctors versus Retail Bankers


    Medical Executive-Post @ Healthcare Financials.comAuthority Authority: 134
    Understanding Modern RealityBy Dr. David Edward Marcinko; MBA, CMP™[Publisher-in-Chief]Doctors often carry notoriously heavy debt loads. Beyond the costs of a medical education are substantial costs for equipping, launching and staffing a practice. Technology changes fast these days and capital is required ...
    2 weeks ago
  • Montana Wins ERISA Disability Claim Discretionary Clause Appeal - Why Doesnt New York Have Similar Ban?


    The New York Disability Law BlogAuthority Authority: 107
    "Discretionary Clauses" in ERISA disability insurance policies are the largest cause of unfair  ERISA LTD claim denials  across the country. They essentially create an uneven playing field  in favor of an already powerful insurance company over a disabled claimant.  Imagine if the Yankees were forced to ...
    3 weeks ago
  • Subro Provision in Comrade Pelosi’s Bill


    Passion for SubroAuthority Authority: 136
    The Law Offices of Bryan DavenportWe just received an email from Bryan Davenport regarding Pelosi’s subrogation bill:I have reviewed Comrade Pelosi’s bill. We aren’t safe. See section 236 Section states “The Commissioner shall establish standards for the coordination and subrogation of benefits and ...
    3 weeks ago
  • Insurer ends health program rather than pay out big


    SF Gray PanthersAuthority Authority: 117
    Washington Times, October 14, 2009 Insurer ends health program rather than pay out big Ian Pearl has fought for his life every day of his 37 years. Confined to a wheelchair and hooked to a breathing tube, the muscular dystrophy victim refuses to give up. But his insurance company already has. Legally barred ...
    3 weeks ago
  • 9th Cir: States May Bar Discretionary Clauses in ERISA Plans


    Alaska Employment LawAuthority Authority: 123
    Montana’s insurance commissioner has historically disapproved insurance policies that grant discretion to the insurer concerning actions on applications for benefits.  The 9th Circuit has upheld that practice, rejecting an insurer’s claim that the practice is preempted by ERISA.  Standard Ins. Co. v. Morrison, ...
    3 weeks ago
  • Free Webinar on Never Events


    Passion for SubroAuthority Authority: 136
    3 weeks ago
  • Divorce Me for My Money, Or Love, Continental Style


    Boston ERISA Law BlogAuthority Authority: 107
    This is one of the great ERISA stories of all time - its like something out of a Boston Legal episode. I am speaking, of course, of the case, detailed here , of the Continental pilots who, concerned that the retirement plan may go belly up long before they retire, divorced their wives, executed QDROs transferring the ...
    3 weeks ago
  • California Sues State Street Bank and Trust


    Investment Fraud Lawyer BlogAuthority Authority: 421
    The Wall Street Journal reported on October 20th that California Attorney General Jerry Brown has sued State Street Bank and Trust. Brown is seeking to recover $200 million in illegal overcharges and penalties that the bank misappropriated from two state agencies, the California Public Employees’ Retirement System ...
    4 weeks ago
  • Healthcare 101


    My Mind, Body & HealthAuthority Authority: 151
    A colleague of mine sent me this (sort of) primer on health care written by an attorney named Chandra Westergaard. It’s called ” Introduction and History of Health Insurance in the United States”. In it she lays out the different terms, laws, etc. involved in health care and a brief history of each. She makes no ...
    4 weeks ago

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