Self-insured employers may cap health coverage for specific diseases
Article Abstract:
The Fifth Circuit in McGann v. H & H Music Co allowed a self-insuring employer to lower the cap on medical benefits for AIDS after an employee submitted his first claim. The action was considered non-discriminatory because it applied to all employees, even though the plaintiff was the most affected. The decision was limited to self-insurers, as self-insuring employers are exempted from state regulation. However, the effect on the decision of the Americans with Disabilities Act is uncertain.
Publication Name: Law, Medicine & Health Care
Subject: Law
ISSN: 0277-8459
Year: 1992
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Equitable remedies for breach of fiduciary duty under ERISA after Varity Corp. v. Howe
Article Abstract:
The grounds for receiving damages for ERISA-based breaches of fiduciary duty have changed in the wake of the 1993 Mertens and 1996 Varity cases. Mertens had held that damages were not available in these cases. However, the Varity decision held that relief can be obtained individually. The best and most consistent approach would be to grant equitable relief similar to the type granted in trust breach actions, which would include monetary awards in some instances.
Publication Name: Berkeley Journal of Employment and Labor Law
Subject: Law
ISSN: 1067-7666
Year: 1997
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