:: EBSA Publishes Guidance On Health Care Reform (PPACA)

June 29, 2010 · Posted in ERISA · Comments Off 

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 regarding preexisting condition exclusions, lifetime and annual limits, rescissions and patient protections under the Patient Protection And Affordable Care Act:

Published version of Interim Final Regulation, available at

http://www.dol.gov/federalregister/HtmlDisplay.aspx?DocId=23983&AgencyId=8&DocumentType=2Model Notice on Patient Protections, available at

http://www.dol.gov/ebsa/patientprotectionmodelnotice.docModel Notice on Lifetime Limits No Longer Applying and Enrollment Opportunity, available at

http://www.dol.gov/ebsa/lifetimelimitsmodelnotice.docModel Notice of Opportunity to Enroll in Connection with Extension of Dependent Coverage to Age 26, available at

http://www.dol.gov/ebsa/dependentsmodelnotice.doc

:: Plan Administrators Cannot Invoke “SPD Prevails” Rule To Cure Plan Language Deficiencies

June 24, 2010 · Posted in CLAIMS PROCEDURES, CLAIMS REVIEW, DISCLOSURE, ERISA, LITIGATION, PRACTICE TIPS · Comments Off 

:: Ninth Circuit Upholds Ban Of Discretionary Clauses

May 19, 2010 · Posted in ERISA, STANDARD OF REVIEW · Comments Off 

:: District Court Remands ERISA Subrogation Case

May 10, 2010 · Posted in ERISA, SUBROGATION · Comments Off 

:: Health Care Providers Warn Of Failure In HIT Compliance

May 4, 2010 · Posted in ERISA, Health Care Reform · Comments Off 

:: Online Resources On The Patient Protection Act

April 20, 2010 · Posted in ERISA · 1 Comment 

:: Health Care Legislation Creates Uncertainty For Employer Plans

March 23, 2010 · Posted in ERISA · Comments Off 

:: Equitable Liens In Restitution – An Alternative Under ERISA Section 502(a)(3)?

February 24, 2010 · Posted in 502(a)(3), ERISA, PROVIDER REIMBURSEMENT · Comments Off 

:: Final Regulation On Definition Of “Plan Assets”

January 20, 2010 · Posted in ERISA · Comments Off 

:: New Article Analyzes Proposed Levies Under Health Care Reform

January 20, 2010 · Posted in ERISA · Comments Off 

:: Tribute To Janell Grenier, Esq.

December 4, 2009 · Posted in ERISA · 1 Comment 

:: Notice Versus Fact Pleading – When Additional Facts Must Be Alleged Under F.R.Civ. P. 8

December 1, 2009 · Posted in ERISA · Comments Off 

:: Defensive ERISA Preemption Inadequate To Sustain Removal Of Subrogation Dispute

November 5, 2009 · Posted in ERISA, PREEMPTION, SUBROGATION · Comments Off 

:: A Primer On Venue Choice In ERISA Claim Disputes

November 4, 2009 · Posted in 502(A)(1)(B) CLAIM FOR BENEFITS, ERISA, LITIGATION, POLICY, PRACTICE TIPS, STANDARD OF REVIEW · Comments Off 

:: First Circuit Finds Plan Language Adequate For Delegation Of ERISA Fiduciary’s Authority

October 21, 2009 · Posted in ERISA · Comments Off 

:: Health Care Economics – Why Prices ≠ Costs & Why That Matters

October 7, 2009 · Posted in ERISA, Health Care Reform · Comments Off 

:: Balance Billing Practices May Constitute Breach of Contract

September 30, 2009 · Posted in ERISA, PRACTICE TIPS, PROFESSIONAL LIABILITY, PROVIDER REIMBURSEMENT · Comments Off 

:: New Scholarship Provides Group Actuarial Perspectives On Health Plan Populations

September 25, 2009 · Posted in ERISA, WELFARE BENEFIT PLANS · Comments Off 

:: Health Plan Law Now On Twitter

September 24, 2009 · Posted in ERISA · Comments Off 

:: Health Plan Exclusions For DUI – An Overview

September 24, 2009 · Posted in 502(A)(1)(B) CLAIM FOR BENEFITS, ERISA, STANDARD OF REVIEW · Comments Off 

:: Sixth Circuit Reviews ERISA Plan TPA Benefit Denial De Novo

September 23, 2009 · Posted in ERISA, STANDARD OF REVIEW · Comments Off 

:: Seventh Circuit Finds Conflict Factor Insignificant In Judicial Review

September 21, 2009 · Posted in ERISA, STANDARD OF REVIEW · Comments Off 

:: HPL Newsletter

September 18, 2009 · Posted in ERISA · Comments Off 

:: Court Grants Discovery Upon Rule 56(f) Motion Where File Reviewers Oppose Treating Physicians’ Opinions

September 18, 2009 · Posted in 502(A)(1)(B) CLAIM FOR BENEFITS, ERISA, STANDARD OF REVIEW · Comments Off 

Denmark Opinion Influences Narrow Post-Glenn Discovery In Judicial Review

September 17, 2009 · Posted in 502(A)(1)(B) CLAIM FOR BENEFITS, ERISA, STANDARD OF REVIEW · Comments Off 

:: Senate Finance Committee Poised To Review “America’s Health Future Act” Bill

September 16, 2009 · Posted in ERISA, Health Care Reform · Comments Off 

:: Are ERISA Fiduciaries Entitled To Deference In Interpretation Of ERISA Subrogation & Reimbursement Provisions?

September 9, 2009 · Posted in ERISA, SUBROGATION, WELFARE BENEFIT PLANS · Comments Off 

:: ERISA Benefits Litigation Article Discusses Effect Of Met Life v. Glenn

September 9, 2009 · Posted in ERISA · Comments Off 

:: New Scholarship – Post-Glenn Discovery

August 18, 2009 · Posted in ERISA · Comments Off 

:: Seventh Circuit Rejects “Multi-Factored” Approach In Evaluating Conflict In Vesting Dispute

August 17, 2009 · Posted in ERISA · Comments Off 

:: New Scholarship Addresses Retiree Medical Benefits Issues

August 13, 2009 · Posted in ERISA · Comments Off 

:: The Sotomayor File – Her Impact On ERISA Jurisprudence

August 12, 2009 · Posted in ERISA · Comments Off 

:: Eleventh Circuit Affirms Benefit Denial Under “Multi-Step” Analysis

August 11, 2009 · Posted in ERISA, STANDARD OF REVIEW · Comments Off 

:: New ERISA Plan Reimbursement & Subrogation Checklist

August 3, 2009 · Posted in ERISA · Comments Off 

:: Discretionary Authority: Limited To Claims Decisions Or Extended To All Plan Interpretations?

July 15, 2009 · Posted in ERISA · Comments Off 

:: Health Care Reform – Another Tort “Reform” Opportunity For The Insurance Lobby

July 15, 2009 · Posted in ERISA · Comments Off 

:: Government Reverses Position On ERISA Theft Indictments

July 7, 2009 · Posted in ERISA · Comments Off 

:: The “Public Option” Rx For Solving America’s Health Care Ills

June 11, 2009 · Posted in ERISA · Comments Off 

:: Fiduciary Exception Eclipses ERISA Fiduciary’s Claim Of Attorney Client Privilege

June 5, 2009 · Posted in 502(A)(1)(B) CLAIM FOR BENEFITS, DISCLOSURE, ERISA, FIDUCIARY LIABILITY · Comments Off 

:: Publicly Financed Healthcare – Models For Reform

May 29, 2009 · Posted in ERISA · Comments Off 

:: New Scholarship On Remedy Of Restoration Of Compensation

May 27, 2009 · Posted in ERISA · Comments Off 

:: New ERISA Fiduciary Resource

May 22, 2009 · Posted in ERISA · Comments Off 

:: New Scholarship Forum On ERISABoard.com

May 18, 2009 · Posted in ERISA · Comments Off 

:: ERISA Plan Stands Down In “Overpayments” Dispute With Providers

May 11, 2009 · Posted in ERISA, PREEMPTION, PROVIDER REIMBURSEMENT · Comments Off 

:: First Circuit Vacates District Court Opinion For Post-Glenn Analysis

May 8, 2009 · Posted in ERISA, STANDARD OF REVIEW · Comments Off 

:: Health Care Provider’s Equitable Estoppel Claims Dismissed As Contrary to Plan’s MAC Provisions

May 6, 2009 · Posted in ERISA, PRACTICE TIPS, PREEMPTION, PROVIDER REIMBURSEMENT · Comments Off 

:: ERISA Litigation Study Gives ERISA Cases Systematic Analysis

May 5, 2009 · Posted in ERISA · Comments Off 

:: Fifth Circuit Case Reflects Continuity On ERISA Reimbursement Claims

April 27, 2009 · Posted in 502(a)(3), ERISA, SUBROGATION · Comments Off 

:: Fifth Circuit Holds That ERISA Plaintiff Waived Arbitration Option

April 17, 2009 · Posted in ARBITRATION, ERISA · Comments Off 

:: Sixth Circuit Holds That Plaintiffs Fail To Make ERISA Section 510 Case

April 7, 2009 · Posted in ERISA, SECTION 510 · Comments Off 

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