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Vermont cannot require ERISA plans to report claims data

  • Hodgson Russ LLP
  • -
  • USA
  • -
  • April 30 2014

In October 2011, the State of Vermont enacted a statute requiring the establishment and maintenance of a unified health care database designed to

Employer not penalized for failing to provide timely COBRA notice

  • Hodgson Russ LLP
  • -
  • USA
  • -
  • March 31 2014

The U.S. District Court for the Northern District of Iowa held that a family, mistakenly receiving almost a year's worth of free employer coverage

Failure to notify participant that coverage is out of network may be a fiduciary breach

  • Hodgson Russ LLP
  • -
  • USA
  • -
  • January 31 2014

The U.S. Court of Appeals for the Seventh Circuit, in an en banc decision, held that the husband of a deceased plan participant may continue with his

Women’s preventive services and for-profit employers

  • Hodgson Russ LLP
  • -
  • USA
  • -
  • December 20 2013

The Affordable Care Act (ACA) requires non-grandfathered group health plans to cover certain preventive health services without cost-sharing. For

Can personal injury lawyers be liable to medical plans?

  • Hodgson Russ LLP
  • -
  • USA
  • -
  • October 31 2013

The U.S. District Court for the Eastern District of New York recently held that a medical plan can enforce a lien against attorneys' fees received in

Medical plan preauthorization language violates SPD standards

  • Hodgson Russ LLP
  • -
  • USA
  • -
  • August 29 2012

In Koehler v. AETNA Health Inc., the U.S. Court of Appeals for the Fifth Circuit held that Aetna’s benefits decision was not, as a matter of law, entitled to deference where the same document, Aetna’s certificate of coverage, served as both the plan document and summary plan description (SPD

Supreme Court considers constitutionality of individual mandate

  • Hodgson Russ LLP
  • -
  • USA
  • -
  • April 27 2012

At the end of March, the U.S. Supreme Court heard arguments on the constitutionality of a provision in the Patient Protection and Affordable Care Act (ACA) that requires most U.S. residents to maintain health care coverage for themselves and their dependents

Plan administrator not obligated to provide benefit accruals for unpaid hours

  • Hodgson Russ LLP
  • -
  • USA
  • -
  • July 29 2011

Nurse participants in a hospital retirement plan were upset that their unpaid meal breaks, during which they were required to work, and an unpaid 20-40 minute period of patient status review before the official start of their shifts were not counted for benefit purposes in the hospital's retirement plans

Legal challenges to health care reform continue to work through the courts

  • Hodgson Russ LLP
  • -
  • USA
  • -
  • April 15 2011

In late January, a district court in Florida ruled that the Patient Protection and Affordable Care Act (PPACA) is unconstitutional

Same-sex domestic partner policy does not discriminate against opposite-sex couples

  • Hodgson Russ LLP
  • -
  • USA
  • -
  • April 15 2011

Reversing a decision by the Westchester County Human Rights Commission, a New York appeals court recently held that a policy adopted by a local Board of Cooperative Educational Services (BOCES) to offer health care to same-sex domestic partners did not unlawfully discriminate against opposite-sex domestic partners