EBIA Weekly Archives - GHPM - Court Cases

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Results (83 articles found)


  1. Medicare Found Not to Be Primary Payer in Triple Plan Coordination of Benefits Dispute
    From the November 15, 2007 EBIA Weekly
    This case involves the medical expenses of a disabled individual covered by three health plans: (1) as a dependent under the plan of his wife’s employer (wife’s plan); (2) as a retiree under his former employer&#...
    [Fujitsu Ten Corp. of Am. Employee Benefit Plan-Indiana Employees v. Unicare Life & Health Ins. Co., 2007 WL 3275122 (E.D. Mich. 2007)]
  2. Court Orders QMCSO Coverage for Nonresident Stepchild, Even Though This Exceeded Coverage Ordinarily Provided by Plan
    From the August 30, 2007 EBIA Weekly
    Can a qualified medical child support order (QMCSO) require coverage for the stepchild of a group health plan participant? In what appears to be the first reported decision on ERISA’s QMCSO requirements, the judge in this case holds ...
    [O'Neil v. Wal-Mart Corp, 2007 WL 2386455 (N.D.N.Y. 2007)]
  3. 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 ...
    [AARP v. EEOC, 2007 U.S. App. LEXIS 12869 (3d Cir. 2007)]
  4. 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 ...
    [Libel v. Adventure Lands of Am., Inc., 2007 U.S. App. LEXIS 8696 (8th Cir. 2007)]
  5. 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 ...
    [Quaid v. U.S. Healthcare, Inc., 2007 UT 27 (Utah 2007)]
  6. 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 ...
    [In re Union Pac. R.R. Employment Practices Litig., 2007 U.S. App. LEXIS 5914 (8th Cir. 2007)]
  7. 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. ...
    [Catholic Charities of the Diocese of Albany v. Serio, 2006 N.Y. LEXIS 3201 (N.Y. 2006)]
  8. 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 ...
    [Toeller v. Wis. Dep't of Corrections, 2006 U.S. App. LEXIS 21690 (7th Cir. 2006)]
  9. 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 ...
    [Garrett v. Circuit City Stores, Inc., 2006 U.S. App. LEXIS 11755 (5th Cir. 2006)]
  10. 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&#...
    [Chaudhry v. Neighborhood Health P’ship, Inc., 2006 U.S. App. LEXIS 10546 (11th Cir. 2006)]

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