EBIA Weekly Newsletter

After Supreme Court Vacates Its Ruling, Sixth Circuit Again Concludes Michigan’s Tax on Health Claim Payments Is Enforceable

   August 25, 2016

Self-Insurance Inst. of Am., Inc. v. Snyder, 2016 WL 3606849 (6th Cir. 2016) Available at https://www.gpo.gov/fdsys/pkg/USCOURTS-ca6-12-02264/pdf/USCOURTS-ca6-12-02264-1.pdf After the U.S. Supreme Court vacated its earlier ruling, the Sixth Circuit has again concluded that ERISA does not preempt Michigan’s tax on health claims paid in the state as applied to self-insured plans. By way of … Read More

Ninth Circuit Joins Others in Concluding Penalties Don’t Apply to Requests for Claims-Related Documents

   August 25, 2016

Lee v. ING Groep, N.V., 2016 WL 3974176 (9th Cir. 2016) Available at https://cdn.ca9.uscourts.gov/datastore/opinions/2016/07/25/14-15848.pdf A former employee whose long-term disability benefits were terminated sued for penalties, claiming the plan administrator had failed to timely provide him with all relevant documents requested, including the plan document and claims-related emails. After the trial court awarded … Read More

Can Self-Insured Health Plans Still Exclude Same-Sex Spouses?

   August 25, 2016

QUESTION: Our company is implementing a new self-insured group health plan for employees, spouses, and dependent children, and the plan document excludes same-sex spouses from the definition of spouse. Is this type of exclusion still permitted? ANSWER: Because of the U.S. Supreme Court’s ruling in Obergefell v. Hodges, all states must allow same-sex couples to … Read More