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Articles by Patrick Begos
Fiduciaries to Disclose Communications Under Information Letter
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EBSA Issues Guidance On Disclosure of Phone Call Recordings | JD Supra
The Employee Benefits Security Administration issued Information Letter 06-14-2021 stating that 29 C.F.R. § 2560.503-1 requires plan fiduciaries to disclose, on request, recordings and/or transcripts of phone calls between the claimant and the fiduciary, even if the recording was made only for quality assurance purposes. EBSA summarized the request: You are seeking guidance because you represent a claimant whose request for such a recording was denied.
EBSA Issues Guidance On Disclosure of Phone Call Recordings
The Employee Benefits Security Administration issued Information Letter 06-14-2021 stating that 29 C.F.R. § 2560.503-1 requires plan fiduciaries to disclose, on request, recordings and/or transcripts of phone calls between the claimant and the fiduciary, even if the recording was made only for quality assurance purposes. EBSA summarized the request: You are seeking guidance because you represent a claimant whose request for such a recording was denied.
When a Severance Plan is not an ERISA Plan
Thursday, March 25, 2021 Though there are many legal complexities that can arise in a typical ERISA lawsuit, one thing that is typically not in dispute is whether there is an ERISA Plan at issue. Pension plans, 401(k) plans, health plans, and group insurance plans are all easy to spot, categorize and confirm as ERISA plans.
Second Circuit Addresses Limitations Periods Governing Fraudulent Billing Claims Against Non-Participating Labs | JD Supra
In Connecticut General Life Ins. Co. v. BioHealth Labs., Inc., No. 20-2312-CV, — F.3d –, 2021 WL 476111 (2d Cir. Feb. 10, 2021), Cigna, as administrator of employee health plans, sued six out-of-network lab companies for various fraudulent billing schemes, including fee forgiveness (not charging the patient for co-insurance, co-pays, etc.), unnecessary testing, and unbundling (separately billing for services that should be combined at a lower rate).
Second Circuit Addresses Limitations Periods Governing Fraudulent Billing Claims Against Non-Participating Labs
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Second Circuit Addresses Limitations Periods Governing Fraudulent Billing Claims Against Non-Participating Labs
In Connecticut General Life Ins. Co. v. BioHealth Labs., Inc., No. 20-2312-CV, — F.3d –, 2021 WL 476111 (2d Cir. Feb. 10, 2021), Cigna, as administrator of employee health plans, sued six out-of-network lab companies for various fraudulent billing schemes, including fee forgiveness (not charging the patient for co-insurance, co-pays, etc.), unnecessary testing, and unbundling (separately billing for services that should be combined at a lower rate).
New EBSA Relief Notice Affects Extension of ERISA Claim Deadlines | JD Supra
On February 26, 2021, the Employee Benefits Security Administration (EBSA) released Notice 2021- 01 (2021 Relief Notice) providing guidance to employers, claim administrators and fiduciaries of ERISA plans on the duration of the COVID-19-related relief set forth in a 2020 Notice that suspended, among other things, certain ERISA (Employee Retirement Income Security Act) claim-related deadlines (referred to herein as ERISA Relief). Please see full Publication below for more information.
New EBSA Relief Notice Affects Extension of ERISA Claim Deadlines
On February 26, 2021, the Employee Benefits Security Administration (EBSA) released Notice 2021-01 (2021 Relief Notice) providing guidance to employers, claim administrators and fiduciaries of ERISA plans on the duration of the COVID-19-related relief set forth in a 2020 Notice that suspended, among other things, certain ERISA (Employee Retirement Income Security Act) claim-related deadlines (referred to herein as ERISA Relief).
EBSA Notice and COBRA Extension Expiration | JD Supra
Early Friday, the Employee Benefits Security Administration (EBSA) released Notice 2021-01 (the Notice) providing guidance to employers and COBRA administrators on the duration of the previously-issued COVID-19-related relief suspending, among other things, certain COBRA-related deadlines (referred to herein as COBRA Relief). Please see full Publication below for more information.
Tenth Circuit Decides That An “Active, Full-time Employee” Is Entirely Different Than an Employee Who is “Actively at Work”
Friday, February 26, 2021 “When I use a word,” Humpty Dumpty said in rather a scornful tone, “it means just what I choose it to mean — neither more nor less.” “The question is,” said Alice, “whether you can make words mean so many different things.” “The question is,” said Humpty Dumpty, “which is to be master — that’s all.” Lewis Carroll, Through the Looking Glass.
Welcome Kate Katchen!
Katherine M. Katchen We are please to welcome Katherine M. Katchen as counsel in Robinson+Cole’s Managed Care + Employee Benefits Litigation Group. Kate has more than 20 years of litigation experience representing clients in complex commercial litigation matters, particularly in the area of managed care and insurance. She will be resident in the firm’s Philadelphia office.
Supreme Court Rules that ERISA Does Not Preempt State Law Regulating PBM Reimbursements
Tuesday, December 15, 2020 In Rutledge v. Pharmaceutical Care Mgt. Assoc., — U.S. –, 2020 WL 7250098 (Dec. 10, 2020), the Supreme Court held that ERISA’s broad express preemption will not reach a state law that focuses on the price of prescription drug benefits that a plan chooses to provide.
COVID-19: EBSA Notice and Final Rule Regarding Extension of Certain Timeframes for Employee Benefits Plans | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
COVID-19: EBSA Notice and Final Rule Regarding Extension of Certain Timeframes for Employee Benefits Plans
Monday, May 4, 2020 On April 28, 2020, the Employee Benefits Security Administration issued Disaster Relief Notice 2020-01: Guidance and Relief for Employee Benefit Plans Due to the COVID-19 (Novel Coronavirus) Outbreak (EBSA Notice). On the same day, EBSA and the Internal Revenue Service issued a Final Rule regarding Extension of Certain Timeframes for Employee Benefit Plans, Participants, and Beneficiaries Affected by the COVID-19 Outbreak (Final Rule).
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