HW]%G }>2r>\j$ Y$^]$6Hi=},k3 If you are covered under the Utah-IdahoGroup BenefitsPlan, you must call Group Benefit Administrators at 801-972-1177 or 1-800-657-5377 for inquiries and insurance claims. Walk-In Hours Mon-Fri 7:30am-4:30pm 5251 Green Street, Suite 200 Murray, UT 84123-2995 UT-ID Teamsters - 855-292-7954 All other UT/NV Health Funds: 801-266-3256 toll free: 800-345-3248 Pension Funds: 801-266-3271 toll free: 800-453-4584 Business Hours Mon-Fri 8:30am-5:00pm Walk-In Hours Mon-Fri 8:30am-4:30pm 2425 N Central Expy, Suite 120 Llame a nuestras lneas de servicio al cliente para asistencia o inicie sesin en el Portal. [xh3p7;,o$k *8dEQG}.o/36_# r74w:pg{/+va~C4>,x+R:t_it!)9ixUejxsN=UDN?98Cl Vision benefits are available once every 12 months for you and your covered dependents. (D.E. 13.) Sign up for our free summaries and get the latest delivered directly to you. v. Aetna, Inc., 774 Fed.Appx. If you are covered under the Western Teamsters Welfare Trust (WTWT), you must call Northwest Administrators at 800-932-4790 for Eligibility or 1-800-872-5439 for claim inquiries. Teamsters Western Region & Local 177 | important-provider-changes-2020 Please call our customer services lines for assistance or log-in to the, Debido a las circunstancias actuales, por su seguridad y la seguridad de nuestros empleados, nuestra rea de atencin al cliente estar cerrada hasta nuevo aviso. I. Teamsters Western Region & Local 177 | Benefits | Vision we pay $75 each per month for healthcare which is pretty good. 2008) (stating that Rule 8 requires a showing,' rather than a blanket assertion, of an entitlement to relief (quoting Twombly, 550 U.S. at 555)). (Id. 2:2022cv04583 - Document 16 (D.N.J. 12.). %PDF-1.4 % Package Division Organization Chart . . United States District Court, D. New Jersey. Signed by Judge Susan D. Wigenton on 4/10/2023. For your convenience we have designed the entire site to be mobile friendly, great for when you need information right away! Id. Action to Enforce a Plan Benefit Pursuant to U.S.C. 1132(e). 1132(g)(1), which provides that the [C]ourt in its discretion may allow a reasonable attorney's fee and costs of action to either party. This Court declines to exercise such discretion at this time and denies Defendant's request to impose such fees and costs, without prejudice. 14 at 4, 6.) 5:2016cv02083 - Document 52 (C.D. . 2019) ([W]hether a party has derivative standing to file an ERISA claim involves a merits-based determination,' such that a motion to dismiss for lack of ERISA standing . Retirees. Telephone Business Hours Mon-Fri 7:30am-4:30pm, All other UT/NV Health Funds: 801-266-3256 toll free: 800-345-3248, Pension Funds: 801-266-3271 toll free: 800-453-4584, Telephone Business Hours Mon-Fri 8:30am-4:30pm. Register today and get ready to build union power with Teamsters from across the country. Retirees in our local have to purchase Part B (hospital) and Part D. I believe some Western Conferences continue some of their health benefits. 1984)). Signed by Judge Susan D. Wigenton on 4/10/2023. Eleven patients were covered under the Teamsters Western Region & Local 177 Health Care Plan ("Teamsters Plan"). Tainsh or Plaintiff) for failure to state a claim upon which relief can be granted pursuant to Federal Rule of Civil Procedure (Rule) 12(b)(6). 19-10735, 2020 WL 491258, at *2 (D.N.J. (dam) Download PDF of 9 No. When considering a Motion to Dismiss under Rule 12(b)(6), a court must accept all factual allegations as true, construe the complaint in the light most favorable to the plaintiff, and determine whether, under any reasonable reading of the complaint, the plaintiff may be entitled to relief. Phillips, 515 F.3d at 231 (quoting Pinker v. Roche Holdings, Ltd., 292 F.3d 361, 374 n.7 (3d Cir. Sanchez v. Teamsters W. Region & Local 177 Health Care Plan at 455. . You can find it http://www.wr177healthcare.com. J the Western Region of Teamsters Negotiating Committee Co-Chairs having the power to impose an immediate resolution with an appropriate remedy. Sign up or login now to get instant access to claims, explanation of benefits, and more! You can find it http://www.wr177healthcare.com. Welcome to the Teamsters Western Region & Local 177 Health Care Plan! A. While at least one court in this District has permitted a case to proceed in the healthcare providers' own names where the complaint indicated the claims were brought on behalf of patients, see Somerset Orthopedic Assocs., P.A. November 2, 2013: The Western Region and Local 177 UPS health care website is up. (citing N.J. Spine & Orthopedics, LLC v. Bae Sys., Inc., No. Co., 752 F.2d 874, 881 (3d Cir. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. I have to check with Blue Cross/Blue Shield of Arizona which handles the claims to see if Medicare doesn't cover something if the retiree plan would cover the claim. Jan. 29, 2020) (dismissing for lack of ERISA standing claims brought by healthcare provider pursuant to a power of attorney even though complaint caption stated healthcare provider was proceeding as an attorney in fact))). Medicare becomes primary and our teamster health benefits are secondary. Moreover, when deciding a motion to dismiss, a court may look beyond the pleadings and consider document[s] integral to or explicitly relied upon in the complaint,' or any undisputedly authentic document that a defendant attaches as an exhibit to a motion to dismiss if the plaintiff's claims are based on the document. It includes information on benefits but has no information on the diversion of negotiated money from your pension to fund the health plan. However, Sanchez alleges that his religious . *eTYkWvQ5i\R_?L7F(JHmHuHEkA ZWY,~]9mk}.s;RN;6\)[W0dVjT1BcA0WHMT{) \69? J|3#U.P6 y.l9`p*vk\@yVkZ[aA>sH RzC;}@u*v-]]t\&&3..BU[wJ;KLO}5zUhDkWPmxj0>,6\E-2X#yI9I0KX?< V .d%_=TF#fwn("Do $**AZVg!6JCD[P9NV7sPrFG)I uD8Ohq$ `Af O bM.D FM9}KGlt *hmK[W(r/ itb%l=;7sz)}t$,e4SgZVv1NBo>}'~ " C!*l8!l@uN! If you are employed by any of the following, you have health insurance through the Western Teamsters Welfare Trust: https://myteamcare.org/ups/freightMembers/index.html, Page Last Updated: Mar 16, 2018 (15:38:51), Business Representative's Scheduled Visits, TEAMSTERS LOCAL483 |225 N 16th St., Ste 112|BOISE, ID 83702|. 1-1 at 3.) See link under "Important Links". In Tamburrino, M.D., et al. L{L|f7ZddM~ Medicare Questions And Teamster Retiree Health Benefits. * Please make sure to use the latest browser version. If you are already retired or plan on retiring before January 1, 2014, your retiree benefits will continue to be provided by UPS. You're all set! 6-1) the Complaint filed by Plaintiff Joseph Hutchins, by his attorney in fact Cynthia Tainsh, (Dr. Our health insurance since retired is from Retirees benefit trust from the union i guess. Hutchins v. Teamsters W. Region & Local 177 Health Care Plan Teamsters Western Region & Local 177 | twr177-retiree-plan On August 3, 2021, Defendant paid $579.23 to the IONM provider-an out[-]of[-]network provider-for the IONM services. hbbd``b`~ A $v Aq !.$ @B{$;H Z d$,fc`$x;@ Q$ 14 at 4-7.) 2015))). We're very proud of the exceptional benefits program we offer to our members and their families. Under the NJNSA, [u]nless negotiations for reimbursement result in an agreement between the provider and the plan member within 30 days [after the plan member is sent a bill for the services], a provider shall not collect or attempt to collect reimbursement, including initiation of any collection proceedings, until the provider files a request for arbitration with the department pursuant to this section. N.J. STAT. It may not display this or other websites correctly. The Complaint does not specify what party submitted the claim. Local 177 Retire Healthcare Coverage | UPS Union Issues May 23, 2022) (quoting In re Asbestos Prods. we pay $75 each per month for healthcare which is pretty good. at *4. VI), 822 F.3d 125, 133 (3d Cir. As Western Region Vice President, he has vowed to provide members with a new type of leadership that represents different views, perspectives and approaches in order to tackle the unions challenges. 14 at 5.) As an independent Third Party Administrator "TPA" specializing in labor-management, Taft-Hartley Fund Administration, we are pleased to provide our SSAPortal offering access 24/7 for: Google Chrome, Mozilla Firefox, Microsoft Edge, Apple Safari, Opera. . SANCHEZ v. TEAMSTERS WESTERN REGION & LOCAL 177 HEALTH CARE PLAN One patient was covered Full title:JOSEPH HUTCHINS, by his attorney in fact CYNTHIA TAINSH, under a power of, Court:United States District Court, D. New Jersey. Plaintiff does not dispute that the insurance plan at issue has a valid anti-assignment clause. Most supplements are different. Teamsters Western Region & Local 177 - Retirees Home -Welcome to the Teamsters Western Region and Local 177 Health Care Plan! An adequate complaint must be a short and plain statement of the claim showing that the pleader is entitled to relief. Fed.R.Civ.P. He joined Local 162 in 1994 loading trucks at UPS and served as a steward. Plaintiff asserts that the claim is pursued on behalf of Mr. Hutchins by his attorney in fact Cynthia Tainsh, pursuant to the POA, and that Defendant's payment for the subject services violate[s] the ERISA plan terms. (D.E. November 2, 2013: The Western Region and Local 177 UPS health care website is up. Teamsters Western Region & Local 177 Retirees. A power of attorney does not transfer an ownership interest in the claim,' id. Defendant astutely points out that Mr. Hutchins cannot be held liable or responsible for any debt related to this service and purportedly owed to Dr. Tainsh or her medical practice because the NJNSA preclude[s] a healthcare provider from balance-billing a patient absent certain protections afforded under the [N]NSA]. (D.E. we have a $5 pay for 90 prescriptions so we will just keep that. In other words, in certain instances, a power of attorney can enable an agent to benefit a principal by handling the principal's affairs and ensuring medical claims are addressed as needed. 8(a)(2). JavaScript is disabled. It's designed to be convenient, comprehensive, and above allto provide high quality care. Our health insurance since retired is from Retirees benefit trust from the union i guess. Make your practice more effective and efficient with Casetexts legal research suite. 6-1 at 11.) 2009) (discussing the Iqbal standard). Attorney[s-]in[-]fact cannot litigate on their own behal[ves] and for their own benefit. N.J. Spine & Orthopedics, LLC v. Bae Sys., Inc., No. These documents are also available, in searchable format, on the UPS Rising app, available on Google Play and the App Store. Their address is 2621 South 3270 West, Salt Lake City, Utah 84119. Please contact them for more information. BENEFITS AND RESOURCES | Teamsters Local 396 2022 Teamsters joint Council 42 Scholarship . Here, Plaintiff purports that because there is no reliance on an assignment of benefits, and because Dr. Tainsh is an individual and not an entity, her association with the medical provider is of no moment, and nothing is amiss with the POA. (D.E. PDF Teamsters Western RegionTentative Agreement Your key to your question on this part "Do we lose our Teamster Retiree health plan when we turn 65 and are enrolled in Medicare?". -Welcome to the Teamsters Western Region and Local 177 Health Care Plan! Visit Website. ! The power of attorney in that matter effectively transferred the patient's interest in recovery to the provider, so that the provider could pursue the claims as if they were his own, which this Court found violated the anti-assignment provision of the ERISA plan. 19-10735, 2020 WL 491258, at *2 (D.N.J. HUTCHINS v. TEAMSTERS WESTERN REGION AND LOCAL 177 HEALTH CARE PLAN et Litig. D.E. During this time, Davison also served as editor of theOregon Teamster. My spouse has an Ambien script and it's a pain. One really needs to educate oneself on what Medicare pays for and how often. Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citing Twombly, 550 U.S. at 555); see also Fowler v. UPMC Shadyside, 578 F.3d 203, 209-11 (3d Cir. Hutchins) underwent a complex cervical spine surgery performed at Morristown Memorial Hospital-an in-network provider-and received intraoperative neuromonitoring (IONM) services from Dr. Tainsh's medical group. Davison was elected as a Local 162 Business Agent in 2003 and President in 2009. 25, 2022). Defendant further requests an award of attorney's fees pursuant to ERISA. Feb. 23, 2021) (same). Get free summaries of new District of New Jersey US Federal District Court opinions delivered to your inbox! The Complaint does not specify to which provider the payment was submitted. 6-1) the Complaint filed by Plaintiff Joseph Hutchins, by his attorney in fact Cynthia Tainsh, ("Dr. Tainsh" or "Plaintiff") for failure to state a claim upon which relief can be granted pursuant to Federal . For additional website materials, please return to, Google Chrome, Mozilla Firefox, Microsoft Edge, Apple Safari, Opera. 0 Support TDU Women's Leadership Development, Registration Now Open! (quoting Complaint of Bankers Tr. Routine exams are covered for just a flat $10 copay when you visit a participating provider. This site has been established for you to view Life Claims and 1095-B Forms. Southwest Service Administrators, Inc. Routine exams are covered for just a flat $10 copay when you visit a participating provider. Plaintiffs shall have an opportunity to amend the Complaint, assuming Plaintiff can cure the defects identified herein. An 11-minute DVD is also available, and will be sent out prior to the upcoming re-vote on the UPS contract in the west. Determining whether the allegations in a complaint are plausible is a context-specific task that requires the reviewing court to draw on its judicial experience and common sense. Iqbal, 556 U.S. at 679 (citation omitted). TeamCare Teamsters Western Region & Local 177 Health Care Plan Teamsters-UPS National 401(k) Plan Previous UPS Agreements. The Plan's Eligibility and Enrollment Department responded to Sanchez on May 15, 2015: "We are unable to enroll your dependent without proper certified birth certificates and social security numbers as stated on the Teamsters Western Region & Local 177 HealthCare Plan California Election Form." (Id. v. Horizon Healthcare Servs., Inc., No. Western region and local 177 health care is the name of the plan. 9 0 obj <> endobj * Please make sure to use the latest browser version. I have been on Medicare since mid 2017. about $15 for a doctor visit. An assignment purports to transfer ownership of a claim to the assignee, giving it standing to assert those rights and to sue on its own behalf. Id. ~:Lz?XsPOkndU=qd|wdA\WM=/_k# v&58iSsG' * Please make sure to use the latest browser version. Spine Ctr. (D.E. This site has been established for you to view Life Claims and 1095-B Forms. and $5 is our co=pay for prescriptions. That provision impacts this matter because it means that, at this point, Dr. Tainsh is unable to recover any balance-billing payment from Mr. Hutchins and would have had to have previously pursued binding arbitration to resolve any dispute about payment for the services. Further, Defendant does not owe Mr. Hutchins any reimbursement, so, contrary to the explicit language of the POA, Dr. Tainsh cannot pursue a claim for monies owed to Mr. Hutchins. Before this Court is Defendant Teamsters Western Region and Local 177 Healthcare Plan's (Defendant) Motion to Dismiss (D.E. JOSEPH HUTCHINS, by his attorney in fact CYNTHIA TAINSH, under a power of attorney, Plaintiffs, v. TEAMSTERS WESTERN REGION AND LOCAL 177 HEALTHCARE PLAN, et al., Defendants. Co. v. Deloitte & Touche LLP, 549 F.3d 100, 108 (2d Cir. 1Xw[A`5G]Yoo}}C6{S. -->a.mXh-Xo#u5y5'V>` @ Visit www.vsp.com to find a provider in your area. Dr. Tainsh, however, is not seeking to collect monies owed on Mr. Hutchins' behalf; Mr. Hutchins does not owe Dr. Tainsh monies. Download our Teamsters Local 396 phone application to access useful tools and get the latest information from your Local Union. For the foregoing reasons, Defendants' Motion to Dismiss is GRANTED without prejudice. Defendant contends that Plaintiff's claims must be dismissed because the POA is, in fact, an assignment disguised as a power of attorney, which is barred by the anti-assignment provision in Mr. Hutchins' insurance plan, and that the Complaint is actually an attempt by the provider to collect against the plan in the guise of a claim brought by the patient where such action is barred by the New Jersey Out of Network Consumer Protection Transparency, Cost, Containment and Accountability Act (NJNSA). (D.E. This Court finds that, with the discreet facts presented here, combined with the fact that Mr. Hutchins will not derive any benefit whatsoever from any recovery, the POA is the functional equivalent of an assignment, which is thus barred by the anti-assignment provision of the ERISA plan, and Dr. Tainsh is functionally acting as Plaintiff, but lacks standing to pursue the claim. See N.J. Spine & Orthopedics, LLC, 2020 WL 491258, at *2; O'Brien v. Aetna, Inc., 2021 WL 689113, at *3; Lutz Surgical Partners PLLC v. Aetna, Inc., No. Apr. Due to the current circumstances, for your safety as well as that of our employees, our customer walk-in area will be closed until further notice. This Court found, alternatively, that even if the power of attorney were a valid instrument, the provider would not have ERISA standing [b]ecause [a]n attorney in fact cannot litigate on their own behalf and for their own benefit. Id. Teamsters Western Region & Local 177 | west-region-and-local177-health-care-plan-amendments Teamsters Western Region and Local 177 Health Care Plan - Amendments Path: Teamsters Western Region and Local 177 Health Care Plan - Amendments Amendment No. J#(&.$?+k!VLM]h>i/b,?_i!. He has negotiated and enforced strong contracts in every Local 162 represented industry. This Trust Fund does not currently sponsor any Social Media sites - Please refer to the Contact Us section of this website for any questions regarding your benefits. Teamsters Western Region & Local 177 Health Care Plan. Download the UPS Teamsters App from the App Store Package Division Resources. Any amended pleading must be filed within thirty (30) days. v. Aetna, Inc., 801 F.3d 369, 371 n.3 (3d Cir. See link under "Important Links". Visit www.vsp.com to find a provider in your area. We called the teamsters benefit trust for norcal and found out that we have to purchase part b . . 36 0 obj <>stream 2018). VISIT WEBSITE Labor Alliance Managed Trest Fund Visit the Labor Alliance Managed Trust Fund website for more information on your health plan. Id. Vision benefits are available once every 12 months for you and your covered dependents. All states will probably follow Cali's lead. endstream endobj 14 0 obj <>stream This Court has jurisdiction pursuant to 29 U.S.C. 25 0 obj <>/Filter/FlateDecode/ID[<357122659A1A8330000C20F5F06FEFDC>]/Index[9 28]/Info 8 0 R/Length 88/Prev 564712/Root 10 0 R/Size 37/Type/XRef/W[1 2 1]>>stream It includes information on benefits but has no information on the diversion of negotiated money from your pension to fund the health plan. 6-1 at 8.) You can explore additional available newsletters here. (dam). Visit Website. that the pleader is entitled to relief as required by Rule 8(a)(2). PDF United States Court of Appeals for The Ninth Circuit Medicare is the primary and the balance is covered by retiree coverage. June 21, 2021) (Plaintiffs also cannot establish ERISA standing by asserting a POA, because they are litigating in their own names, not on behalf of their patients.). On June 16, 2022, Joseph Hutchins executed a Limited Power of Attorney (POA) that appointed Cynthia Tainsh, M.D., his Attorney-in-Fact and Agent, and granted Dr. Tainsh authority to. This Court addresses each issue in turn. If Mr. Hutchins does not owe any balance of the bill, Dr. Tainsh cannot recover anything on his behalf. 20-05479, 2021 WL 689113, at *3 (D.N.J.
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