EBIA Weekly Archives - GHPM - Court Cases

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Results (81 articles found)


  1. Trial Court Rejects Challenge to EEOC Retiree Health Benefit Regulations, Vacating Earlier Ruling
    From the September 29, 2005 EBIA Weekly
    A trial court has rejected AARP's challenge to EEOC regulations that would allow employers to reduce, change, or eliminate retiree health benefits when retirees become eligible for Medicare, without violating the Age Discrimination in Employment Act (ADEA), vacating an ...
    [AARP v. EEOC, No. 05-CV-509 (E.D. Pa. Sept. 27, 2005)]
  2. Employee Not Allowed to Sue State Agency for Violating FMLA's Self-Care Provision
    From the September 15, 2005 EBIA Weekly
    The employee in this case sued her former employer, a state agency, for violation of the Family and Medical Leave Act (FMLA) provision permitting an eligible employee to take up to 12 weeks of unpaid leave annually because of a ...
    [Touvell v. Ohio Dept. of Mental Retardation & Developmental Disabilities, 2005 U.S. App. LEXIS 19432 (6th Cir. 2005)]
  3. ERISA Prevents Application of State Mental Health Parity Law to Self-Funded Plans
    From the August 04, 2005 EBIA Weekly
    In this case, an employee claimed that the provisions of her employer's health plan limiting the number of mental health visits for which benefits would be paid (a plan-year maximum of 30 visits and a lifetime maximum of ...
    [Daley v. Marriott Int'l, Inc., 2005 U.S. App. LEXIS 15128 (8th Cir. 2005)]
  4. Employer's Policy of Excluding Coverage for Contraceptives Violates the Pregnancy Discrimination Act
    From the July 28, 2005 EBIA Weekly
    The employer in this case provided health insurance that excluded coverage for contraception prescribed to prevent pregnancy--coverage was available for prescription contraceptives only if ordered for a "non-contraceptive purpose," such as the treatment of skin diseases or menstrual ...
    [In re Union Pac. R.R. Employment Practices Litig., No. 8:03CV437 (D. Neb. July 22, 2005)]
  5. Employer Required To Reimburse Mistaken Medicare Payments Even Though It Couldn't Recover From Insurer
    From the June 09, 2005 EBIA Weekly
    This case involves a dispute about an employer's liability under the Medicare Secondary Payer (MSP) statute, which requires that a group health plan (the primary payer) pay its benefits for an expense first and Medicare (the secondary payer) pay ...
    [Telecare Corp. v. Leavitt, 2005 U.S. App. LEXIS 9521 (Fed. Cir. 2005)]
  6. Trial Court Blocks EEOC Retiree Health Benefits Regulations, Ruling That They Exceed the Agency's Authority
    From the April 07, 2005 EBIA Weekly
    A trial court has permanently enjoined the EEOC from "publishing or otherwise implementing" regulations that would allow employers to reduce, change, or eliminate retiree health benefits when retirees become eligible for Medicare, without violating the Age Discrimination in Employment Act (...
    [AARP v. EEOC, 2005 U.S. Dist. LEXIS 5078 (E.D. Pa. 2005)]
  7. EEOC Final Regulations on Coordinating Retiree Health Benefits With Medicare Delayed by AARP Lawsuit
    From the February 10, 2005 EBIA Weekly
    In response to a lawsuit filed by AARP, the EEOC has agreed that it will not implement regulations on retiree health benefits before April 5, 2005. The regulations would permit employers to reduce, change, or eliminate retiree health benefits when ...
    [AARP v. EEOC, No. 05-CV-509 (E.D. Pa. 2005)]
  8. Court Rejects ADA and ERISA Claims by Employee Terminated After Infants Incurred Large Medical Expenses
    From the June 17, 2004 EBIA Weekly
    An employee was terminated three months after his wife gave birth to premature twins. The infants suffered from several serious medical conditions at birth, resulting in the payment of almost $200,000 in claims by the employer's health plan. ...
    [Larimer v. IBM Corp., 2004 U.S. App. LEXIS 10788 (7th Cir. 2004)]
  9. Reconstructive Surgery Benefits Not Required Under WHCRA Where Participant Received No Mastectomy Benefits From Plan
    From the March 25, 2004 EBIA Weekly
    Many years before the participant in this case became covered by her employer's group health plan, she had a mastectomy followed by breast reconstructive surgery. After she became covered by the plan, one of her breast implants ruptured. The ...
    [Davidson v. Wal-Mart Associates Health and Welfare Plan, 2004 U.S. Dist. LEXIS 2598 (S.D. Iowa 2004)]
  10. California Supreme Court Holds That State Insurance Law Requiring Coverage of Prescription Contraceptives Applies to Catholic Charity
    From the March 04, 2004 EBIA Weekly
    California's highest court has rejected a church-affiliated employer's constitutional challenges to a state statute requiring health insurance policies that cover prescription drugs to also cover prescription contraceptives. Although the statute contained a "religious employer" exemption, the employer--...
    [Catholic Charities of Sacramento, Inc. v. Superior Court of Sacramento County, 2004 Cal. LEXIS 1667 (Cal. 2004), cert. denied, Catholic Charities of Sacramento, Inc. v. California, No. 03-1618 (U.S. 2004)]

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