Phia Group Russo & Minchoff

Health Costs Rises Ease

Adam V. Russo | September 30, 2008

While health care costs increases continue to far outpace inflation, costs are rising at a far more moderate pace than a few years ago, according to two surveys released last week.

The surveys-one by the Washington-based Kaiser Family Foundation and Chicago-based Health Research & Educational Trust, and the other by Stamford, Conn.-based benefit consultant Towers Perrin-also show that employers are turning more to consumer-driven health plans to help control costs. (more…)

Federal Health Plan Premium to Rise

Adam V. Russo | September 30, 2008

In line with trends in the private sector, health insurance premiums will increase an average of 7% next year in the health insurance program covering federal employees and retirees, the Federal Office of Personal Management said last week.

The 7% increase for the Federal Employee Health Benefits Program-which is the nation’s largest group plan, covering about 8 million people, is similar to rate increase industry experts expect private-sector employers to be hit with next year. (more…)

A Post MetLife v. Glenn 5th Circuit Decision

Adam V. Russo | September 26, 2008

On September 22, 2008 the Fifth Circuit issued its decision in Young v. Wal-Mart Stores, Inc., et. al.

The case involved an ERISA claim for accidental death and dismemberment (AD&D) benefits in the amount of $25,000. The decedent suffered from a history of severe hypertension. He stopped taking his medication, became very ill and began vomiting profusely and choked to death. The policy provided an exclusion for losses related “in whole or in part from…sickness.” (more…)

Health Care Costs Rising At Slower Rate

Adam V. Russo | September 25, 2008

Cost increases still remain much lower than those of a few years ago.  In 2008, group health care costs increased by an average of 6.0%, to $8,331 per employee, and are projected to rise next year by 6.4%, according to Hewitt Associates, Inc. The analysis is based on information from more than 400 employers.

This year’s 6.0% average increase is up from a 5.3% increase in 2007 but is substantially lower than 2006′s average increase of 7.9% and the 9.2% hike in 2005. (more…)

Denying Future Claims vs. Offset

Adam V. Russo | September 23, 2008

by Ron E. Peck, Esq.

Offset: Denying future claims to reimburse the Plan for claims it has paid prior to third party settlement.  It is a form of lien reimbursement.

Denial of Future Medical Claims: Denying future claims because they were caused by, and are the responsibility of a third party with whom the insured has settled or will settle, and thus for which the insured has removed liability from the third party and shifted responsibility onto him or herself.

Confusion regarding how a benefit plan and its administrator handle future claims resulting from an incident for which another party is or may become responsible is widespread.  The greatest mistakes administrators make is confusing “offset” with “future credits” and other future claims, as well as confusing subrogation with exclusions. (more…)

iWorks Summit 2008 Conference

Adam V. Russo | September 9, 2008

On Monday September 15, 2008, Adam V. Russo, Esq. will be presenting his seminar on how the election affects upcoming legislation at the iWorks Summit 2008 Conference at the Coronado Island Marriot Resort in San Diego, CA.

See entire presentation before the conference

Some Thoughts on MetLife

Adam V. Russo | September 5, 2008

The Supreme Court held in MetLife vs. Glenn that conflicted interests require a higher standard of review whenever the claims adjudicator and the claims financier were the same.  Thus, any claim contested in court will confer a significant advantage to the arrangement where the claims are adjudicated by an independent third party and paid by an independent employer.  This means a disadvantage where the claims are both adjudicated and paid by the same two parties, such as employer’s self-administered and self-funded plan or fully insured plans. (more…)