Sentences with phrase «erisa preemption»

ERISA preemption of state law claims and claims by the Department of Labor for damages, administrative penalties and bar orders

In contrast, other commenters criticized the Department for its analysis of the current principles governing ERISA preemption of state law, pointing out that the Department has no authority to interpret ERISA.

In a scathing indictment of the over-reaching effects of ERISA preemption, Judge William Young of the United States District Court for the District of Massachusetts implored Congress to amend ERISA's civil enforcement provision to allow recovery against utilization review providers and insurers.

For instance, if ERISA preemption can be defeated, an HMO may be held directly liable where it controlled policies, procedures, services and facilities, thereby interjecting itself into rendering medical care.

The case concerned the application of a preexisting condition exclusion and a contractual limitation period, as well as ERISA preemption of state law claims.

Ms. Tomasco has advised a number of clients on ERISA preemption of state laws, and she counsels clients regarding COBRA and other employee benefits issues.

The presentation also included an overview of recent cases concerning ERISA preemption and the False Claims Act as well as regulatory initiatives for 2016.

Advises clients regarding health and welfare plans, including healthcare reform issues, multiple - employer welfare arrangements, ERISA preemption issues, and COBRA.

Not exact matches

In Massachusetts, charitable immunity and preemption under 29 U.S.C. § 1144 (a)(«ERISA») remain the primary barriers to holding our institutions accountable for medical malpractice.

49 (D. Mass. 1997)(plaintiff without remedy due to ERISA's preemption of state law breach of contract claims where the decedent was in need of detoxification and rehabilitation benefits).

Response: The concern underlying this comment is that ERISA plans, which are not now subject to certain state laws because of the «field» preemption provision of ERISA but which are subject to the rules below, will become subject to state privacy laws that are «more stringent» than the federal requirements, due to the operation of section 1178 (a)(2)(B), together with section 264 (c)(2).

The preemption analysis set out above with respect to ERISA applies equally to the Federal Employees Health Benefit Program.

We considered whether the preemption provision of section 264 (c)(2) of HIPAA would give effect to state laws that would otherwise be preempted by section 514 (a) of ERISA.

However, section 514 (b) of ERISA, 29 U.S.C. 1144 (b)(2)(A), expressly saves from preemption state laws that regulate insurance.