2:2022cv04583 - Document 16 (D.N.J. I retired out of So-Cal in 2015. v. Aetna, Inc., 774 Fed.Appx. 6-1 at 8.) PO Box 10128 | Detroit, MI 48210 | (313) 842-2600 | [emailprotected], Teamsters Rank and File Education and Legal Defense Foundation, PO Box 10303 | Detroit, MI 48210 | (313) 842-2615 | [emailprotected], Copyright 2015 | All Rights Reserved. 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. 14 at 13.) If Mr. Hutchins does not owe any balance of the bill, Dr. Tainsh cannot recover anything on his behalf. (Id. * Please make sure to use the latest browser version. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. and $5 is our co=pay for prescriptions. Apr. the Western Region of Teamsters Negotiating Committee Co-Chairs having the power to impose an immediate resolution with an appropriate remedy. 2008)), but simply confers on the agent the authority to act on behalf of the principal,' id. Medicare is the primary and the balance is covered by retiree coverage. (D.E. 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. calls for UPS Teamsters to learn more about the Teamsters Western Region & Local 177 Health Care Plan. Teamsters Western Region & Local 177 | twr177-retiree-plan ' Pinkney v. Meadville, Pa., No. For additional website materials, please return to, Google Chrome, Mozilla Firefox, Microsoft Edge, Apple Safari, Opera. Western Region and Local 177 UPS Health Plan - Teamsters for a These documents are also available, in searchable format, on the UPS Rising app, available on Google Play and the App Store. . A power of attorney does not transfer an ownership interest in the claim,' id. UPS is the single largest employer in the Teamsters 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. 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. 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)). Cal. of Allegheny, 515 F.3d 224, 231 (3d Cir. It contains the same info as the website. Package Division Organization Chart . 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. Member Resources about $15 for a doctor visit. (quoting Complaint of Bankers Tr. Aug. 18, 2021), the weight of authority suggests that suit must be brought in the patient's name. 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. 2016)). See link under "Important Links". 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). Download the UPS Teamsters App from the App Store Package Division Resources. Login here. . Teamsters Western Region and Local 177 Health Care Plan - Amendments The authority to act on behalf of the principal' is the primary issue at hand in this matter. 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. endstream endobj 14 0 obj <>stream This Court addresses each issue in turn. VI), 822 F.3d 125, 133 (3d Cir. It includes information on benefits but has no information on the diversion of negotiated money from your pension to fund the health plan. Labor Alliance Managed Trust Fund . 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. 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. d-M}@Es^=[lTkK!w)kkIEH[)5/(h* Vno}Zo5/ @ You already receive all suggested Justia Opinion Summary Newsletters. (dam). we pay $75 each per month for healthcare which is pretty good. HWKoFWl4!h]8"zzI[E]J|HJ:t12l4[%6i)L)?&++aSk Download our Teamsters Local 396 phone application to access useful tools and get the latest information from your Local Union. PDF Teamsters Western Region & Local 177 Health Care Plan Conference Calls endstream endobj startxref 2%4tV cJ)d#P#{n`\"070.=s7{vABxdnqlvZ+7*e",j^LX4^sy6)6Y'[JQ+s^ UFPw26-UnDg.p]=SgaTG 72zD{1V/os>v6W}?&cCwfix1)frnPMBzy; I joined TDU because TDU gives rank-and-file Teamsters information and organization to build a stronger union.". J Teamsters Western Region & Local 177 | Home This Court found, alternatively, that even if the power of attorney were a valid instrument, the provider would not have ERISA standing [b]ecause [a]n attorney in fact cannot litigate on their own behalf and for their own benefit. Id. 36 0 obj <>stream endstream endobj 10 0 obj <> endobj 11 0 obj <>/Font<>/ProcSet[/PDF/Text/ImageC]/Properties<>/XObject<>>>/Rotate 0/TrimBox[0 0 612 792]/Type/Page/u2pMat[1 0 0 -1 0 792]/xb1 0/xb2 612/xt1 0/xt2 612/yb1 0/yb2 792/yt1 0/yt2 792>> endobj 12 0 obj <>stream Our health insurance since retired is from Retirees benefit trust from the union i guess. . Attorney[s-]in[-]fact cannot litigate on their own behal[ves] and for their own benefit. N.J. Spine & Orthopedics, LLC v. Bae Sys., Inc., No. v. Aetna, Inc., 801 F.3d 369, 371 n.3 (3d Cir. Login. 6-1 at 11.) Your key to your question on this part "Do we lose our Teamster Retiree health plan when we turn 65 and are enrolled in Medicare?". Sure be nice if more Nor Cal and So Cal retiree's would chime in! Liab. Teamsters Western Region & Local 177 | important-provider-changes-2020. J#(&.$?+k!VLM]h>i/b,?_i!. (dam) Download PDF of 9 Under this benefit, which applies to COVID-19 test kits purchased on or after January 15, 2022, and through the end of the Coronavirus public . 2015))). _,EL#.Rb@@L#E? What is Teamster Rank & File Education and Legal Defense Foundation (TRF)? 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. Teamsters Western Region and Local 177 Health Care Plan Filing 52 Teamsters Western Region and Local 177 Health Care Plan, No. The provider thereafter sought to obtain the balance of the procedure cost, $32,281.47, and by August 11, 2021 exhausted the applicable administrative appeal procedures with Defendant. As an independent Third Party Administrator "TPA" specializing in labor-management, Taft-Hartley Fund Administration, we are pleased to provide our SSAPortal offering access 24/7 for: Google Chrome, Mozilla Firefox, Microsoft Edge, Apple Safari, Opera. 19-10735, 2020 WL 491258, at *2 (D.N.J. November 2, 2013: The Western Region and Local 177 UPS health care website is up. [xh3p7;,o$k *8dEQG}.o/36_# r74w:pg{/+va~C4>,x+R:t_it!)9ixUejxsN=UDN?98Cl Gregory Sanchez v. Teamsters Western Region and Local 177 Health Care Medicare becomes primary and our teamster health benefits are secondary. During this time, Davison also served as editor of theOregon Teamster. 2023) Court Description: OPINION. Their address is 2621 South 3270 West, Salt Lake City, Utah 84119. Teamsters Western Region & Local 177 | important-provider-changes-2020 It's designed to be convenient, comprehensive, and above allto provide high quality care. 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. . No. at 12.) 2022 Teamsters joint Council 42 Scholarship . hb``c``2g`` 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. This Court having considered the parties' submissions, having reached its decision without oral argument pursuant to Rule 78, and for the reasons stated herein, Defendants' Motion to Dismiss is GRANTED. You can find it http://www.wr177healthcare.com. 6-1) the Complaint filed by Plaintiff Joseph Hutchins, by his attorney in fact Cynthia Tainsh, (Dr. 2112766, 2022 WL 1213467, at *3 (D.N.J. This site has been established for you to view Life Claims and 1095-B Forms. we pay $75 each per month for healthcare which is pretty good. hmO0?q$P%Z(0Q(/L4R]4(Ms?w, XH,%OCss81q\\,Ts-~AZ c' bC$sLx|Y.84Pw088)09 I pay $200 a month to the teamsters out of Phoenix which oversees the health care plan. 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. 19-10735, 2020 WL 491258, at *2 (D.N.J. For the foregoing reasons, Defendants' Motion to Dismiss is GRANTED without prejudice. Sign up or login now to get instant access to claims, explanation of benefits, and more! In Tamburrino, M.D., et al. 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. (quoting In re Complaint of Bankers Tr. Before this Court is Defendant Teamsters Western Region and Local 177 Healthcare Plan's ('Defendant") Motion to Dismiss (D.E. 15-02595, 2021 WL 2549343, at *6 (D.N.J. You are using an out of date browser. All states will probably follow Cali's lead. 21-1051, 2022 WL 1616972, at *2 (3d Cir. WESTERN TEAMSTERS WELFARE TRUST. it has to be approved every month. I believe that true in California as well. 2009) (discussing the Iqbal standard). One really needs to educate oneself on what Medicare pays for and how often. %%EOF Register today and get ready to build union power with Teamsters from across the country. I believe that retiree medical coverage is renewed with each new contract approval. I was So Cal too and yet my health insurance comes from the UPS and not the Teamsters. 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. Teamsters Western Region & Local 177 Health Care Plan.Privacy Policy|Sitemap, Google Chrome, Mozilla Firefox, Microsoft Edge, Apple Safari, Opera. 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. 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.) Defendant requests that this Court award attorneys' fees and costs for this Motion, pursuant to 29 U.S.C. 14 at 4, 6.) 25, 2022). 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. 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))). 9 0 obj <> endobj hbbd``b`~ A $v Aq !.$ @B{$;H Z d$,fc`$x;@ Q$ 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. Registration is open for the 2023 TDU Convention, November 3-5 in Chicago. 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. 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. Signed by Judge Susan D. Wigenton on 4/10/2023. 1-1 at 3.) I. 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). If you are already retired or plan on retiring before January 1, 2014, your retiree benefits will continue to be provided by UPS. Vision benefits are available once every 12 months for you and your covered dependents. 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. 60, 62 n.1 (3d Cir. Full title:JOSEPH HUTCHINS, by his attorney in fact CYNTHIA TAINSH, under a power of, Court:United States District Court, D. New Jersey. Retirees. Login here . Id. 2023 TDU Convention, Nov. 3-5, IBT to Yellow: No Contract Re-opener Without Economic Improvements. 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. (No. Teamsters Western Region and Local 177 Healthcare Plan. 1132(a)(1)(b). This Rule requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do. (citing N.J. Spine & Orthopedics, LLC v. Bae Sys., Inc., No. Before this Court is Defendant Teamsters Western Region and Local 177 Healthcare Plan's (Defendant) Motion to Dismiss (D.E. Routine exams are covered for just a flat $10 copay when you visit a participating provider. In addition to the above government sponsored program, the Teamsters Western Region & Local 177 Retiree Health Care Plan also now provides coverage for COVID-19 test kits. Their address is 2323 Eastlake Avenue East, Seattle, Washington 98102. One patient was covered 12.). 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 Health Care Plan. Action to Enforce a Plan Benefit Pursuant to U.S.C. The Complaint does not specify to which provider the payment was submitted.

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