Judge issues plea to expand civil enforcement provisions under ERISA
Article Abstract:
A US District Court of Massachusetts judge appealed to Congress to eliminate the de facto ERISA immunity afforded health insurers and managed care groups against compensatory claims by insureds. The Andrews-Clarke v. Travelers' Insurance case involved the denial of explicit plan benefits to an insured who later committed suicide. The judge could not provide the requested state-based relief for the wrongful denial of health benefits because of ERISA limitations. He noted that two bills were pending in Congress which addressed the problem.
Publication Name: Tax Management Compensation Planning Journal
Subject: Law
ISSN: 0747-8607
Year: 1998
User Contributions:
Comment about this article or add new information about this topic:
Treasury issues new COBRA/HIPAA guidance
Article Abstract:
The IRS in Jan 1998 issued proposed regulations addressing four issues concerning changes in the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) and other legislation. The guidance provides rules regarding COBRA extension and applications. Notice 98-12 is written in plain language and was issued on Jan 16, 1998 to educate employees on COBRA elections in light of the Health Insurance Portability and Accountability Act of 1996.
Publication Name: Tax Management Compensation Planning Journal
Subject: Law
ISSN: 0747-8607
Year: 1998
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: DOL issues advisory opinions concerning preemption, investment directions and MEWAs. Archer introduces medical savings account legislation
- Abstracts: The role of cost-effectiveness analysis in assessing HIV-prevention interventions. Building community and culture are essential to successful HIV prevention for gay and bisexual men
- Abstracts: Subsidizing contractors to gain employment: construction union "job targeting." Preserving unionized employees' individual employment rights: an argument against section 301 preemption
- Abstracts: Fairness opinion issues: anything but routine; even when investment bankers do not negotiate a deal, their fairness opinions may be vital
- Abstracts: The lobbying deduction disallowance: policy considerations, comparisons, and structuring activities under amended section 162(e)