Teamsters Western Region & Local 177 | important-provider-changes-2020. Signed by Judge Susan D. Wigenton on 4/10/2023. endstream endobj 10 0 obj <> endobj 11 0 obj <>/Font<>/ProcSet[/PDF/Text/ImageC]/Properties<>/XObject<>>>/Rotate 0/TrimBox[0 0 612 792]/Type/Page/u2pMat[1 0 0 -1 0 792]/xb1 0/xb2 612/xt1 0/xt2 612/yb1 0/yb2 792/yt1 0/yt2 792>> endobj 12 0 obj <>stream v. Horizon Healthcare Servs., Inc., No. hmO0?q$P%Z(0Q(/L4R]4(Ms?w, XH,%OCss81q\\,Ts-~AZ c' bC$sLx|Y.84Pw088)09 endstream endobj 13 0 obj <>stream 2112766, 2022 WL 1213467, at *3 (D.N.J. Plaintiff's counsel concedes as much by admitting that in this case, there is no dispute between the patient (Plaintiff) and his medical provider. (D.E. 19-10735, 2020 WL 491258, at *2 (D.N.J. 2%4tV cJ)d#P#{n`\"070.=s7{vABxdnqlvZ+7*e",j^LX4^sy6)6Y'[JQ+s^ UFPw26-UnDg.p]=SgaTG 72zD{1V/os>v6W}?&cCwfix1)frnPMBzy; He has negotiated and enforced strong contracts in every Local 162 represented industry. I believe that retiree medical coverage is renewed with each new contract approval. On June 24, 2021, a claim for $32,860.70, the cost of the IONM services, was submitted to Defendant and its Third-Party Administrator (TPA), Aetna, Inc. (Id. Be P` Ky.are page numbers referenced throughout this Opinion reference the filing page numbers, not each document's original page number. 15.). Defendant requests that this Court award attorneys' fees and costs for this Motion, pursuant to 29 U.S.C. He is a Trustee and Union Chair for the Oregon Teamster Employers Trust, Chair of the UPS Retirees Subsidy Fund, and Trustee on the Teamsters Western Region & Local 177 (New Jersey) Health Care Plan, all of which cover health care benefits for tens of thousands of active and retired Teamsters working at UPS and over 200 other employers. 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?". Dr. Tainsh, however, is not functioning as an agent on behalf of a principal; any recovery achieved will not benefit Mr. Hutchins in any way, as-pursuant to the NJNSA-he does not owe a debt to Dr. Tainsh, and she is not seeking to vindicate a right on his behalf. 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. VI), 822 F.3d 125, 133 (3d Cir. Support TDU Women's Leadership Development, Registration Now Open! Our health benefits terminate when you turn 65, but spouse remains until that person turns 65. Teamster Safety and Health. As it was under the UPS Company Plan, your vision coverage is provided through the Vision Service Plan (VSP) network. In this circumstance, however, any financial claim and recovery Dr. Tainsh achieves will not benefit Mr. Hutchins. 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. The provider thereafter sought to obtain the balance of the procedure cost, $32,281.47, and by August 11, 2021 exhausted the applicable administrative appeal procedures with Defendant. and $5 is our co=pay for prescriptions. Before this Court is Defendant Teamsters Western Region and Local 177 Healthcare Plan's ('Defendant") Motion to Dismiss (D.E. Login here . 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. Labor Alliance Managed Trust Fund . 19-8783, 2021 WL 3661326, at *5 (D.N.J. Dr. Tainsh did not pursue such arbitration, and instead seeks to recover payment from Defendant by acting as an attorney-in-fact (agent) for Mr. Hutchins (principal). . (Id. JavaScript is disabled. VISIT WEBSITE Labor Alliance Managed Trest Fund Visit the Labor Alliance Managed Trust Fund website for more information on your health plan. TeamCare Teamsters Western Region & Local 177 Health Care Plan Teamsters-UPS National 401(k) Plan Previous UPS Agreements. No. I pay $200 a month to the teamsters out of Phoenix which oversees the health care plan. For additional website materials, please return to www.wr177healthcare.com 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. 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. Teamsters Western Region & Local 177 | important-provider-changes-2020 -Welcome to the Teamsters Western Region and Local 177 Health Care Plan! 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. Apr. This Rule requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do. 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. Vision benefits are available once every 12 months for you and your covered dependents. HWKoFWl4!h]8"zzI[E]J|HJ:t12l4[%6i)L)?&++aSk 2:2022cv04583 - Document 16 (D.N.J. Teamsters Western Region & Local 177 | Home Related Posts Headline News Teamsters Tell UPS: Make Movement on Our Members' Issues Now 2023.04.17 . 1984)). Registration is open for the 2023 TDU Convention, November 3-5 in Chicago. at 455. v. Aetna, Inc., 774 Fed.Appx. For your convenience we have designed the entire site to be mobile friendly, great for when you need information right away! 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 ~:Lz?XsPOkndU=qd|wdA\WM=/_k# v&58iSsG' Visit Website. The division is responsible for ensuring that management abides by the UPS Master Agreement. 2022 Teamsters joint Council 42 Scholarship . Upon graduation from Portland State University in 2000, he was hired by Teamsters Joint Council 37 as a representative. This site has been established for you to view Life Claims and 1095-B Forms. 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. We called the teamsters benefit trust for norcal and found out that we have to purchase part b . Co., 752 F.2d at 881). The Complaint does not specify to which provider the payment was submitted. Full title:JOSEPH HUTCHINS, by his attorney in fact CYNTHIA TAINSH, under a power of, Court:United States District Court, D. New Jersey. For additional website materials, please return to, Google Chrome, Mozilla Firefox, Microsoft Edge, Apple Safari, Opera. 15-02595, 2021 WL 2549343, at *6 (D.N.J. If you are already retired or plan on retiring before January 1, 2014, your retiree benefits will continue to be provided by UPS. ! For the foregoing reasons, Defendants' Motion to Dismiss is GRANTED without prejudice. . Litig. Eleven patients were covered under the Teamsters Western Region & Local 177 Health Care Plan ("Teamsters Plan"). Our health insurance since retired is from Retirees benefit trust from the union i guess. Member Resources The Third Circuit further explained that [a]ssignments and powers of attorney differ in important respects with distinct consequences for the power of a plan trustee to contractually bind an insured. Id. Their address is 2323 Eastlake Avenue East, Seattle, Washington 98102. Login. Davison was elected as a Local 162 Business Agent in 2003 and President in 2009. Visit www.vsp.com to find a provider in your area. 8(a)(2). United States District Court, D. New Jersey. Univ. Most supplements are different. Teamsters Western Region & Local 177 Health Care Plan. The authority to act on behalf of the principal' is the primary issue at hand in this matter. 1-1 at 2.) Teamsters Western Region & Local 177 Retirees. endstream endobj 14 0 obj <>stream (citing N.J. Spine & Orthopedics, LLC v. Bae Sys., Inc., No. Received Notice that Our Medicare Part D Thru Retiree Trust Is Being Cancelled, Teamcare Retiree Insurance Doesn't Pay If Spouse is Disabled. Action to Enforce a Plan Benefit Pursuant to U.S.C. Any amended pleading must be filed within thirty (30) days. 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. Gregory Sanchez v. Teamsters Western Region and Local 177 Health Care 36 0 obj <>stream The IBT Freight Division has told Yellow the contract will not be reopened unless the company agrees that all items will be on the table and there will tangible economic benefits for members. Apr. One patient was covered WESTERN TEAMSTERS WELFARE TRUST. N-y@! J%W{wLjZ$+xPnwR(|*p+l*tyx s!"5xw_Cf3'fonhQzd: #uy6y& 6-)*m#*FC!q-H3 dy For a better experience, please enable JavaScript in your browser before proceeding. Teamsters Western Region and Local 177 Health Care Plan - Amendments Sign up or login now to get instant access to claims, explanation of benefits, and more! This site has been established for you to view Life Claims and 1095-B Forms. 5:2016cv02083 - Document 52 (C.D. Visit www.vsp.com to find a provider in your area. They pay 80% and the 20 % we pay is what is left over after a write off. 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. 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. 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. HW]%G }>2r>\j$ Y$^]$6Hi=},k3 Southwest Service Administrators, Inc. 14 at 5.) If Mr. Hutchins does not owe any balance of the bill, Dr. Tainsh cannot recover anything on his behalf. The UPS contract is the largest private collective bargaining agreement in North America. A power of attorney does not transfer an ownership interest in the claim,' id. at 12.) Teamsters Western Region & Local 177 Health Care Plan 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. 21-1051, 2022 WL 1616972, at *2 (3d Cir. Sign up for our free summaries and get the latest delivered directly to you. On August 3, 2021, Defendant paid $579.23 to the IONM provider-an out[-]of[-]network provider-for the IONM services. 2023 TDU Convention, Nov. 3-5, IBT to Yellow: No Contract Re-opener Without Economic Improvements. Signed by Judge Susan D. Wigenton on 4/10/2023. Make your practice more effective and efficient with Casetexts legal research suite. 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. Id. If you are employed by any of the following, you have health insurance through the Utah-Idaho Teamsters plan: If you are employed by any of the following, you have health insurance through theOregon Teasmters Employer Trust: Call 800-547-1314 See link under "Important Links", If you are covered under the Western Teamsters Welfare Trust (WTWT), you must call Northwest Administrators at 800-932-4790 for Eligibilityor 1-800-872-5439 for claim inquiries. 10, 2023). at 454-55 (quoting W.R. Huff Asset Mgmt. In so finding, the Third Circuit noted that anti-assignment clauses do not preclude an insured from grant[ing] a valid power of attorney that confer[s] on his agent the authority to assert [a] claim on his behalf. Id. 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); see also O'Brien v. Aetna, Inc., No. We're very proud of the exceptional benefits program we offer to our members and their families. *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! * Please make sure to use the latest browser version. Mark Davison is a third-generation trade unionist. You can explore additional available newsletters here. 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). . 6-1) the Complaint filed by Plaintiff Joseph Hutchins, by his attorney in fact Cynthia Tainsh, (Dr. See link under "Important Links". 2016)). . International Brotherhood of Teamsters on Twitter, International Brotherhood of Teamsters on Facebook, International Brotherhood of Teamsters on YouTube, International Brotherhood of Teamsters on Instagram, Download the UPS Teamsters App from Google Play, Download the UPS Teamsters App from the App Store, Teamsters Western Region & Local 177 Health Care Plan, Teamsters Tell UPS: Make Movement on Our Members Issues Now, Supplemental Talks Move to D.C. as Teamsters Call Out UPS for Stalling Regional Negotiations, UPS Teamsters Rally for a Strong Contract in Southern California, Justice For Sanitation Workers at Republic/Allied Waste, Virginia is For Lovers and Organized Labor. Mark Davison - International Brotherhood of Teamsters PDF Teamsters Western Region & Local 177 Health Care Plan Conference Calls I was So Cal too and yet my health insurance comes from the UPS and not the Teamsters. Article 30(b) - Language added for all employees covered by the Teamsters Western Region and Local 177 Health Care Plan (TWR177) that the company shall make health and Hutchins v. Teamsters W. Region & Local 177 Health Care Plan, Civil Action 22-04583 (SDW) (MAH) (D.N.J. 1-1 at 3.) FACTUAL BACKGROUND AND PROCEDURAL HISTORY, On June 17, 2021, Joseph Hutchins (Mr. and $5 is our co=pay for prescriptions. we pay $75 each per month for healthcare which is pretty good. 1 Modified Date: 12/9/2022 Loading, please wait. $>f:~wYrer. Llame a nuestras lneas de servicio al cliente para asistencia o inicie sesin en el Portal. The calls will take place at the following times: Thursday, May 8, 8pm eastern (Local 177 Teleforum) Thursday, May 8, 7pm western (Western Region HC Teleforum) Wednesday, May 21, 8pm eastern (Local 177 Teleforum) 2008)), but simply confers on the agent the authority to act on behalf of the principal,' id. Local 177 Retire Healthcare Coverage | UPS Union Issues (D.E. He joined Local 162 in 1994 loading trucks at UPS and served as a steward. 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. You already receive all suggested Justia Opinion Summary Newsletters. Over-the-counter test kits. We got critical information about the contract campaign and how we could get involved. 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. 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. As it was under the UPS Company Plan, your vision coverage is provided through the Vision Service Plan (VSP) network. 9 0 obj <> endobj _,EL#.Rb@@L#E? You're all set! 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 . 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). %PDF-1.4 % He also serves as an International Western Region Package Division Representative. 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. Factual allegations must be enough to raise a right to relief above the speculative level Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007) (citing 5 C. WRIGHT & A. MILLER, FEDERAL PRACTICE AND PROCEDURE 1216, 235-36 (3d ed. at 454. Retirement Benefits: The Teamsters Western Region 177 Retiree Health Plan will be available only for those individuals that retire on and after January 1st 2014. PDF Teamsters Western RegionTentative Agreement
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