Health Plan Law
ERISA, with particular focus on group health plans and other employee welfare benefit plans.
Author: Roy F. Harmon is a principal at Harmon & Major in Greenville, S.C. He also serves as vice president and general counsel of Greenville-based Cost Recovery Systems Inc.
Blawg Related Categories: Benefits/ERISA • In-house Lawyer • Solo / Small Firm
Recent Posts from Health Plan Law
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:: District Court Holds That Potential Claim For Benefits Forecloses Other ERISA Relief
On September 13, 2006, Mr. Tebbetts consulted with a doctor because he was experiencing pain in his abdomen, and the doctor ordered a CT scan of Mr. Tebbetts’ abdomen. The doctor sought pre-approval from Defendants…
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:: ERISA Plan Prevails On Plan Reimbursement Claim
. . . the claim for reimbursement is properly brought as a claim for equitable relief in accordance with both ERISA and the terms of the Plan. See Sereboff v. Mid Atl. Med. Servs, Inc.,…
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:: Service Provider’s Notice Of Overpayment Imputed To Plan Administrator
In short, Hewitt was hired by the Committee to handle pension estimates. Hewitt was the agent of the Committee in handling estimates of anticipated retirement benefits. Hewitt was alerted to its mistake and took action…
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:: Federal Court Removal Deadline Triggered By Deposition Exhibit
Tyson takes issue with the Magistrate Judge’s conclusion that removal was untimely. The Magistrate Judge found that Tyson was on notice of the removability of the action on December 30, 2008. Rao’s deposition was taken…
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:: The “Public Option” Rx For Solving America’s Health Care Ills
“We all want healthcare reform,” said one Blue Dog member. “What you’re seeing as angst is that Blue Dogs want healthcare reform and don’t want the country going bankrupt.” Blue Dog Democrat quoted in “House…
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:: Are Stop Loss Carriers Subject To Prompt Pay Statutes?
The inquirer is a third-party administrator (TPA) in New York for several self-funded benefit plans, and also is licensed as an insurance agent in New York. At least one such plan2 has purchased a stop-loss…
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:: Fiduciary Exception Eclipses ERISA Fiduciary’s Claim Of Attorney Client Privilege
As applied by the courts in cases brought under ERISA, the “fiduciary” exception to the attorney-client privilege “comes into play when . . . the administrator for an ERISA plan invokes the attorney-client privilege against…
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:: Lack Of Due Diligence Results In ERISA Fiduciary Liability For Defaulted Loans
As to the district court’s conclusion that Rodrigues is liable under 29 U.S.C. § 1105 for enabling Hewitt to breach his fiduciary duties, Rodrigues’s only argument on appeal is derivative of the district court’s allegedly…
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:: Allegations Insufficient To Assert Equitable Relief In ERISA Reimbursement Case
The court finds that Sun Life has failed to sufficiently allege that the particular funds to which it claims an entitlement to under the Plan’s reimbursement provision are funds belonging in good conscience to Sun…
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:: Publicly Financed Healthcare - Models For Reform
State employee health plans are really private health plans under contract with state government, and the simple fact that they are self-insured (like many private plans) does not make them public entities. State Employee Health…