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.

Cases, Remedies, Exclusive and concurrent legislative powers, Preemption (Legislative power), Wrongful death

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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.

Disabled persons

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