EBIA Weekly Archives - GHPM - Court Cases
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Results (81 articles found)
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- EEOC Regulations Permitting Medicare Coordination in Retiree Group Health Plans Are Upheld
- From the June 07, 2007 EBIA Weekly
- In this long-awaited decision, the Third Circuit has rejected a challenge to proposed EEOC regulations that would allow employers to reduce, change, or eliminate retiree health benefits when retirees become eligible for Medicare (a practice known as “Medicare ...
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- Employee's Termination Following Increase in Health Plan Premiums Didn't Violate ADA or ERISA
- From the May 03, 2007 EBIA Weekly
- In this case, the employee sued her employer under the Americans with Disabilities Act (ADA) and ERISA, claiming that she was terminated because her condition (multiple sclerosis) caused her employer’s health plan premiums to increase. The employee had ...
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- Employer's Health Plan Required to Cover Expenses of Adopted Child
- From the April 26, 2007 EBIA Weekly
- This case involved a dispute about liability for the substantial medical expenses of a newly born, newly adopted child who suffered from severe birth defects. Prior to the initiation of adoption proceedings, the child’s treatment at a hospital ...
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- Eighth Circuit Holding That PDA Doesn't Encompass Contraception Revives Contraceptive Coverage Exclusion
- From the March 29, 2007 EBIA Weekly
- In a 2-1 decision, the Eighth Circuit has concluded that the Pregnancy Discrimination Act (PDA) “does not encompass contraception,” reversing a trial court decision (see our article at http://www.ebia.com/WeeklyArchives/GHPM/CourtCases/17655 (Premium ...
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- State Court Subjects Church-Affiliated Charities to Insurance Law Requiring Coverage of Prescription Contraceptives
- From the October 26, 2006 EBIA Weekly
- Ten faith-based social service organizations challenged a state statute requiring health insurance policies covering prescription drugs to include prescription contraceptives. Eight of the employers were affiliated with the Roman Catholic Church, and two with the Baptist Bible Fellowship International. ...
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- Seventh Circuit Holds That Employee May Not Sue State Agency for Violation of FMLA's Self-Care Provision
- From the August 31, 2006 EBIA Weekly
- In this case, the Seventh Circuit considered the doctrine of state sovereign immunity and whether an employee who suffered from stress anxiety and delusional disorder could sue his former employer, a state agency, for violating the self-care provision of ...
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- Fifth Circuit Holds That USERRA Does Not Preclude Enforcement of Arbitration Agreement Between Reservist and Employer
- From the May 18, 2006 EBIA Weekly
- In this case, an employee was subject to an agreement with his employer under which claims arising out of cessation of employment would be settled by arbitration under the Federal Arbitration Act (FAA). He was later fired, an action he ...
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- 11th Circuit Rejects Claim That Plan Amendment Involving Limit on Number of Therapy Visits Violates the ADA
- From the May 04, 2006 EBIA Weekly
- A dependent covered by an ERISA health plan suffered from a syndrome that required daily chest physiotherapy treatments. The plan language limited covered individuals to 60 visits for physical, occupational, and speech therapy. Interpreting this language to include the dependent&#...
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- Court Rejects ADA and ERISA Claims by Terminated Employee With Mentally Ill Wife
- From the February 02, 2006 EBIA Weekly
- An employee who was terminated only a few weeks after being hired sued his employer, alleging violation of the Americans with Disabilities Act (ADA) and ERISA. The employee claimed that he was fired because his wife was mentally ill, because ...
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- WHCRA Does Not Require Payment of More Than Plan Maximum for Breast Reconstruction
- From the December 30, 2005 EBIA Weekly
- After being diagnosed with breast cancer, the wife of an individual who was covered by an insured group health plan had a bilateral mastectomy and breast reconstruction. Although the surgeon who performed the reconstruction charged $40,000, the insurer paid ...
