EBIA Weekly Archives - HIPAA - Court Cases

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Results (53 articles found)


  1. Prescription Drugs Prescribed Prior to Six-Month Waiting Period, But Taken During the Waiting Period, Constituted "Treatment" Under Plan's Preexisting Condition Clause
    From the March 16, 2000 EBIA Weekly
    This is a pre-HIPAA case. Mr. Davolt, who was hired in 1995, suffered from diabetes. The employer (O'Reilly Automotive) had a self-funded health plan that excluded coverage for preexisting conditions "that were diagnosed or treated in the ...
    [Davolt v. O'Reilly Automotive, 2000 U.S. App. LEXIS 3834 (8th Cir. 2000)]
  2. Fourth Circuit Upholds Broad Preexisting Condition Clause
    From the February 17, 2000 EBIA Weekly
    In another recently-issued pre-HIPAA case addressing a preexisting condition exclusion (PCE), the court upheld a plan administrator's interpretation of a medical plan's PCE. In this case, a Wal-Mart employee (Ms. Booth) incurred expenses for a ...
    [Booth v. Wal-Mart Stores, Inc. Associates Health and Welfare Plan, 2000 U.S. App. LEXIS 532 (4th Cir. 1999)]
  3. Court Construes Definition of Preexisting Condition Clause Against the Plan
    From the February 10, 2000 EBIA Weekly
    This pre-HIPAA case is instructive on the type of ambiguity and court review that should exist under HIPAA's required definition of a "preexisting condition." The pertinent facts of the case are as follows. An Emerson employee (Mr. Weaver) ...
    [University Hospitals of Cleveland v. Emerson Electric Co., 2000 U.S. App. LEXIS 1182 (6th Cir. 2000)]

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