EBIA Weekly Newsletter

Claim for Benefits Does Not Preclude Additional ERISA Fiduciary Breach Claim

   June 29, 2017

Hancock v Aetna Life Ins. Co., 2017 WL 1710968 (W.D. Wash. 2017) After her claim for benefits under her employer’s long-term disability (LTD) plan was denied, this participant sued for the benefits and for breach of fiduciary duty. Her fiduciary breach claim asserted various defects in the plan’s claim procedures, including an unreasonable delay in … Read More

Form 5500 Filings for Health & Welfare Plans: EBIA Workbook and Webinar  

   June 22, 2017

Penalties for Form 5500 failures—already some of the toughest in benefits law—have increased significantly in the past year, making careful compliance a must for plan sponsors, service providers, and advisors. The regular Form 5500 filing deadline for calendar-year plans is just around the corner. Let EBIA help you stay on top of the rules! Read More

Ninth Circuit: ERISA Does Not Preempt California Law Voiding Discretionary Clauses

   June 22, 2017

Orzechowski v. Boeing Co. Non-Union Long-Term Disability Plan, 856 F.3d 686 (9th Cir. 2017) Available at http://cdn.ca9.uscourts.gov/datastore/opinions/2017/05/11/14-55919.pdf The Ninth Circuit has weighed in on a California law barring enforcement of discretionary clauses for certain types of benefit coverage. A plan participant sued following denial of her claim for continued long-term disability … Read More

Agencies Issue Mental Health Parity Guidance, Release Draft Disclosure Form

   June 22, 2017

FAQs About Mental Health and Substance Use Disorder Parity Implementation and the 21st Century Cures Act Part 38 (June 16, 2017); Form to Request Documentation From an Employer-Sponsored Health Plan or an Insurer Concerning Treatment Limitations; Proposed Revision of Information Collection Request Submitted for Public Comment, Draft Model Non-Quantitative Treatment Limitations Form, 82 Fed. Reg. … Read More