1984)). Teamsters Western Region and Local 177 Health Care Plan Filing 52 Teamsters Western Region and Local 177 Health Care Plan, No. 20-05479, 2021 WL 689113, at *3 (D.N.J. *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! 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. Their address is 2621 South 3270 West, Salt Lake City, Utah 84119. 19-10735, 2020 WL 491258, at *2 (D.N.J. Slow, less stable, much more vulnerable to viruses, spyware, malware, and prone to other security issues! 6-1 at 8.) Co., 752 F.2d at 881). . 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. 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. v. Aetna, Inc., 801 F.3d 369, 371 n.3 (3d Cir. Cal. Before this Court is Defendant Teamsters Western Region and Local 177 Healthcare Plan's ('Defendant") Motion to Dismiss (D.E. Login here. it has to be approved every month. . . It may not display this or other websites correctly. Medicare is the primary and the balance is covered by retiree coverage. Our health insurance since retired is from Retirees benefit trust from the union i guess. Received Notice that Our Medicare Part D Thru Retiree Trust Is Being Cancelled, Teamcare Retiree Insurance Doesn't Pay If Spouse is Disabled. Registration is open for the 2023 TDU Convention, November 3-5 in Chicago. You are using an out of date browser. 1132(e). 2016)). 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) . Download our Teamsters Local 396 phone application to access useful tools and get the latest information from your Local Union. 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. Full title:JOSEPH HUTCHINS, by his attorney in fact CYNTHIA TAINSH, under a power of, Court:United States District Court, D. New Jersey. VI), 822 F.3d 125, 133 (3d Cir. As it was under the UPS Company Plan, your vision coverage is provided through the Vision Service Plan (VSP) network. I pay $200 a month to the teamsters out of Phoenix which oversees the health care plan. Any amended pleading must be filed within thirty (30) days. 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. TeamCare Teamsters Western Region & Local 177 Health Care Plan Teamsters-UPS National 401(k) Plan Previous UPS Agreements. It contains the same info as the website. 36 0 obj <>stream at 12.) 6-1 at 11.) hb``c``2g`` On August 3, 2021, Defendant paid $579.23 to the IONM provider-an out[-]of[-]network provider-for the IONM services. 1Xw[A`5G]Yoo}}C6{S. -->a.mXh-Xo#u5y5'V>` @ 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. Vision benefits are available once every 12 months for you and your covered dependents. we pay $75 each per month for healthcare which is pretty good. No. Vision benefits are available once every 12 months for you and your covered dependents. 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. 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 . Medicare becomes primary and our teamster health benefits are secondary. Related Posts Headline News Teamsters Tell UPS: Make Movement on Our Members' Issues Now 2023.04.17 . FACTUAL BACKGROUND AND PROCEDURAL HISTORY, On June 17, 2021, Joseph Hutchins (Mr. * Please make sure to use the latest browser version. Our health insurance since retired is from Retirees benefit trust from the union i guess. 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. Routine exams are covered for just a flat $10 copay when you visit a participating provider. J#(&.$?+k!VLM]h>i/b,?_i!. For additional website materials, please return to www.wr177healthcare.com 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. 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 hbbd``b`~ A $v Aq !.$ @B{$;H Z d$,fc`$x;@ Q$ All states will probably follow Cali's lead. 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. (citing N.J. Spine & Orthopedics, LLC v. Bae Sys., Inc., No. 19-8783, 2021 WL 3661326, at *5 (D.N.J. 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. 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. Western region and local 177 health care is the name of the plan. Before this Court is Defendant Teamsters Western Region and Local 177 Healthcare Plan's (Defendant) Motion to Dismiss (D.E. 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. of Allegheny, 515 F.3d 224, 231 (3d Cir. This site is protected by reCAPTCHA and the Google, District of New Jersey US Federal District Court, HUTCHINS v. TEAMSTERS WESTERN REGION AND LOCAL 177 HEALTH CARE PLAN et al. However, Sanchez alleges that his religious . WESTERN TEAMSTERS WELFARE TRUST. Davison was elected as a Local 162 Business Agent in 2003 and President in 2009. See link under "Important Links". May 23, 2022) (quoting In re Asbestos Prods. at *4. 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|. Defendant requests that this Court award attorneys' fees and costs for this Motion, pursuant to 29 U.S.C. 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. 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. 2:2022cv04583 - Document 16 (D.N.J. 10, 2023). Teamsters Western Region & Local 177 | important-provider-changes-2020. UPS part-time employees. 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). 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 5:2016cv02083 - Document 52 (C.D. During this time, Davison also served as editor of theOregon Teamster. 26:2SS-11(a). One patient was covered My spouse has an Ambien script and it's a pain. Liab. (Id. (Id. November 2, 2013: The Western Region and Local 177 UPS health care website is up. we pay $75 each per month for healthcare which is pretty good. v. Aetna, Inc., 774 Fed.Appx. Hutchins v. Teamsters W. Region & Local 177 Health Care Plan, Civil Action 22-04583 (SDW) (MAH) (D.N.J. For your convenience we have designed the entire site to be mobile friendly, great for when you need information right away! Signed by Judge Susan D. Wigenton on 4/10/2023. dbG0- HWKoFWl4!h]8"zzI[E]J|HJ:t12l4[%6i)L)?&++aSk Teamsters Western Region and Local 177 Healthcare Plan. 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. Y2)V?_v!,:Ma4@5l3Q 5Y %PDF-1.4 % 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. * Please make sure to use the latest browser version. Login here . He currently oversees the daily representation of over 2,600 UPS members in Local 162s Portland area jurisdiction and is the Union Chair for dealing with UPS on behalf of over 5,000 Teamsters in Joint Council 37. Id. (quoting Complaint of Bankers Tr. 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. Make your practice more effective and efficient with Casetexts legal research suite. we have a $5 pay for 90 prescriptions so we will just keep that. about $15 for a doctor visit. Teamsters Western Region & Local 177 Retirees. . Orthopedic & Sports Med. v. Horizon Healthcare Servs., Inc., No. (D.E. Teamsters Western Region & Local 177 Health Care Plan. 1 Modified Date: 12/9/2022 Loading, please wait. (quoting In re Complaint of Bankers Tr. This site has been established for you to view Life Claims and 1095-B Forms. 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. 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. A power of attorney does not transfer an ownership interest in the claim,' id. about $15 for a doctor visit. 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. We're very proud of the exceptional benefits program we offer to our members and their families. Eleven patients were covered under the Teamsters Western Region & Local 177 Health Care Plan ("Teamsters Plan"). On March 22, 2022, Davison was sworn in as Western Region Vice President of the International Brotherhood of Teamsters and appointed Western Region Package Director. You can explore additional available newsletters here. Routine exams are covered for just a flat $10 copay when you visit a participating provider. 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 joined Local 162 in 1994 loading trucks at UPS and served as a steward. 14 at 4-7.) 890 F.3d at 453 (noting examples in which a power of attorney may assist patients experiencing short-term incapacitation after medical procedures, deployed service members, or patients suffering from progressive conditions). The UPS contract is the largest private collective bargaining agreement in North America. 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 . Teamsters Western Region & Local 177 - Retirees Home -Welcome to the Teamsters Western Region and Local 177 Health Care Plan! Action to Enforce a Plan Benefit Pursuant to U.S.C. One really needs to educate oneself on what Medicare pays for and how often. The POA at issue grants Dr. Tainsh the right to collect monies owed on [Mr. Hutchins'] behalf and for any other means necessary to effect the collection of monies, funds[,] or benefits which may be due [to Mr. Hutchins] for services rendered by SUMMIT IONM. (D.E. Labor Alliance Managed Trust Fund . 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. Get free summaries of new District of New Jersey US Federal District Court opinions delivered to your inbox! L{L|f7ZddM~ Signed by Judge Susan D. Wigenton on 4/10/2023. 14 at 4, 6.) For additional website materials, please return to, Google Chrome, Mozilla Firefox, Microsoft Edge, Apple Safari, Opera. Llame a nuestras lneas de servicio al cliente para asistencia o inicie sesin en el Portal. 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. They pay 80% and the 20 % we pay is what is left over after a write off. Teamster Safety and Health. I retired out of So-Cal in 2015. Plaintiff's claim, therefore, is dismissed. 2008)), but simply confers on the agent the authority to act on behalf of the principal,' id. Package Division Organization Chart . Retirees. This site has been established for you to view Life Claims and 1095-B Forms. If the well-pleaded facts do not permit the court to infer more than the mere possibility of misconduct, the complaint should be dismissed for failing to show[] . ~:Lz?XsPOkndU=qd|wdA\WM=/_k# v&58iSsG' Plaintiffs shall have an opportunity to amend the Complaint, assuming Plaintiff can cure the defects identified herein. You can now lookup eligibility online for instant results! 2018). v. United Health Grp., Inc. et al., this Court found that a power of attorney functioned as an assignment, which was barred by the anti-assignment clause of the insured's ERISA plan. 2022 Teamsters joint Council 42 Scholarship . As it was under the UPS Company Plan, your vision coverage is provided through the Vision Service Plan (VSP) network. He has negotiated and enforced strong contracts in every Local 162 represented industry. 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. ' Pinkney v. Meadville, Pa., No. 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. Visit Website. 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. Aug. 18, 2021), the weight of authority suggests that suit must be brought in the patient's name. 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. I have been on Medicare since mid 2017. Welcome to the Teamsters Western Region & Local 177 Health Care Plan! Login. endstream endobj 13 0 obj <>stream she told us we could buy a part D for prescriptions but asked why? Spine Ctr. 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 In Tamburrino, M.D., et al. An appropriate order follows. D.E. 8(a)(2). Sign up or login now to get instant access to claims, explanation of benefits, and more! If Dr. Tainsh were acting to benefit Mr. Hutchins in some way, the POA could have effect, as in cited instances in Am. Apr. Retirees in our local have to purchase Part B (hospital) and Part D. I believe some Western Conferences continue some of their health benefits. and $5 is our co=pay for prescriptions. For the foregoing reasons, Defendants' Motion to Dismiss is GRANTED without prejudice. I believe that retiree medical coverage is renewed with each new contract approval. The division represents UPS package car drivers, air drivers, feeder drivers, part-time loaders, unloaders, sorters, clerks and mechanics. is properly filed under Rule 12(b)(6). Slow, less stable, much more vulnerable to viruses, spyware, malware, and prone to other security issues. JavaScript is disabled. 14 at 13.) (dam). November 2, 2013: The Western Region and Local 177 UPS health care website is up. 13.) E>>v?|y{9 z%_7m.zJ)nw;[+?T/w}T/&Q]x$_u,U_@N Please contact them for more information. ' (quoting N. Jersey Brain & Spine Ctr. Dr. Tainsh is not acting as an agent and is instead clearly representing her own interests in an obvious end-run around the anti-assignment provision of the ERISA plan. page numbers referenced throughout this Opinion reference the filing page numbers, not each document's original page number. 1132(a)(1)(b). Our health benefits terminate when you turn 65, but spouse remains until that person turns 65. The authority to act on behalf of the principal' is the primary issue at hand in this matter. 1-1 at 2.) 15.). * Please make sure to use the latest browser version. 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))). 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. 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. ! The division is responsible for ensuring that management abides by the UPS Master Agreement. You're all set! (Id. calls for UPS Teamsters to learn more about the Teamsters Western Region & Local 177 Health Care Plan. 2017) Court Description: ORDER GRANTING DEFENDANTS MOTION TO DISMISS 43 by Judge Otis D. Wright, II: ( MD JS-6. hmO0?q$P%Z(0Q(/L4R]4(Ms?w, XH,%OCss81q\\,Ts-~AZ c' bC$sLx|Y.84Pw088)09 Davison firmly believes that expanding our unions commitment to member education, organizing core industries and negotiating strong contracts are key to the success of the Teamsters Union. 21-1051, 2022 WL 1616972, at *2 (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. TEAMSTERS WESTERN REGION AND LOCAL 177 HEALTH CARE PLAN et al Filing 16 HUTCHINS v. TEAMSTERS WESTERN REGION AND LOCAL 177 HEALTH CARE PLAN et al, No. endstream endobj startxref The Complaint does not specify what party submitted the claim. endstream endobj 14 0 obj <>stream Visit www.vsp.com to find a provider in your area. I. 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. 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. Visit Website. Feb. 23, 2021) (same). 0 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. Defendant further requests an award of attorney's fees pursuant to ERISA. (dam) Download PDF of 9 I was So Cal too and yet my health insurance comes from the UPS and not the Teamsters.
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