14 posts tagged erisa preemption

:: HMO Loses Third Party Beneficiary Contract Dispute With Health Care Providers By Roy F Harmon III HOI’s own records admitted into evidence at trial demonstrated that HOI (a) sought to save itself $4.1 million annually by discontinuing these payments to clinical pathologists, (b) anticipated

:: Stop Loss Carrier Averts ERISA Preemption In Dispute Over “Fronted” Claims Reimbursement By Roy F Harmon III More specifically, the sole issue we decide in this appeal is whether ERISA preempts a state law breach of contract claim and an alternatively pled state law unjust enrichment claim

:: The Candidates On Changes To ERISA Preemption By Roy F Harmon III Try this little quiz - Proposal A: Maintain the current preemption provisions of the Employee Retirement Income Security Act. Proposal B: Amend ERISA to curtail the preemption provisions of the Employee Retirement Income Security Act.

:: The Myth Of the “Partially Self-Insured” Group Health Plan By Roy F Harmon III Dewitt and her husband, Anthony, were covered under Proctor’s health insurance plan. Throughout Dewitt’s tenure at Proctor, Anthony suffered from prostate cancer and received expensive medical care.

:: DOL Clarifies Effect Of Plan Pre-Authorization Requirements On Medicaid Recoupment Actions By Roy F Harmon III [a] group health plan shall provide that, to the extent that payment has been made under a State plan for medical assistance approved under title XIX of the Social Security Act in

Not Now: Supreme Court Stays Out of San Francisco ERISA Preempti... From Workplace Prof Blog Mon, 02/25/2008 - 09:55 Although there might come a time when the U.S. Supreme Court may weigh in on the issue of ERISA preemption surrounding the implementation of the San Francisco universal health plan, Justice Kennedy ruled this past Thursday that the Court will...

:: Fifth Circuit Highlights Important Preemption Boundary In Misrepresentation Case By Roy F Harmon III Crucial to the question whether the employees in this case could have brought a Varity-type suit, then, is whether their claims relate to DuPont’s role as administrator of an ERISA plan or simply to its role as employer.

:: ERISA Advisory Opinion 2008-02A - State Law Forbidding ERISA Plan Automatic Enrollment Preempted By Roy F Harmon III You represent that the Sprint Nextel Welfare Benefit Plan is a “cafeteria” style plan that allows participants to choose among a variety of benefits and levels of coverage.

:: Golden Handcuffs Or Bronze Boot? Severance Pay Promises Under ERISA By Roy F Harmon III In April 2004, the Office of the Attorney General of the State of New York (the “NYAG”) commenced an investigation of MMC. Thereafter, Michael Cherkasky was elevated to the head of MMC.

GGRA May Petition U.S. Supreme Court to Determine Whether ERISA Preempts a San Francisco Ordinance Setting Healthcare Spending Mandates for Employers [Source: Health Lawyers Weekly, January 25, 2008 - AHLA] The Golden Gate Restaurant Association (GGRA) said January 21 that it has decided not to