Adam V. Russo | August 15, 2008
ERISA preempted an Illinois state law outlawing any claim on a workers’ compensation award, because the law related to benefits plans regulated by ERISA, a federal trial court decided. As a result, an employer may seek reimbursement of group health plan funds from workers’ compensation awards. The health plan paid the expenses before a determination was made that the claims were work related. The court determined that the settlements included reimbursement for health expenses that were paid by the plan. At least one of the awards was worded to assert that it was not a payment for health benefits, but the judge said that was an effort to stop a recovery attempt. (more…)
Category: 7th, ERISA, Illinois, Preemption |
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Adam V. Russo | August 4, 2008
In the case of Franciscan Skemp Healthcare, Inc. v. Central States Joint Board Health & Welfare Trust Fund No. 07-3456 (7th Cir.)(July 31, 2008), the Seventh Circuit Court of Appeals determined that when a party files a pure state law claim against an ERISA plan, preemption to Federal Court is improper. (more…)
Category: 7th |
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Adam V. Russo | August 4, 2008
In the Commonwealth of Massachusetts, according to G.L. c. 90, §34A, auto insurers must provide their insureds with $8K personal injury protection (PIP). In addition, insureds may purchase optional medical payments coverage (MPC) on top of the PIP.
The law also states that the auto insurer is only responsible to pay $2K of the $8K PIP towards medical expenses arising from an automobile accident when and if the insured has health insurance. This rule was later clarified to mean only fully funded health insurers (coming within the purview of state law) are saddled with bills beyond the first $2K. Self-funded plans coming within the purview of ERISA will only be responsible for medical expenses after the entire $8K mandatory PIP is exhausted. (more…)
Category: Massachusetts |
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