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.

Health insurance, AIDS (Disease), Insurance

---

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.

Pension, health, and welfare funds, Pension Funds & Benefit Plans, Pension Funds, United States, Remedies, Fiduciary duties, Breach of trust

---

Similar abstracts:

• Abstracts: Pitfalls and prospects in partnership: probation programmes for substance misusing offenders. Offender literacy and the probation service
• Abstracts: Functional analysis, subsidies, and the dormant commerce clause. State tort reform - Ohio Supreme Court strikes down state General Assembly's tort reform inititative - State ex rel. Ohio Academy of Trial Lawyers v. Sheward, 715 N.E.2d 1062 (Ohio 1999)
• Abstracts: Jurisdictional discovery under the Foreign Sovereign Immunities Act. The impact of the Hilmer reforms on the health care sector
• Abstracts: Fiscal distress and politics: the bankruptcy filing of Bridgeport as a case study in reclaiming local sovereignty
• Abstracts: Community-based AIDS organizations and the state: dilemmas of dependence. Complementary approaches to healthcare: diverse perspectives among people living with HIV/AIDS

This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.