If you are already retired or plan on retiring before January 1, 2014, your retiree benefits will continue to be provided by UPS. 2002)). Visit www.vsp.com to find a provider in your area. 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. at 454-55 (quoting W.R. Huff Asset Mgmt. Routine exams are covered for just a flat $10 copay when you visit a participating provider. [xh3p7;,o$k
*8dEQG}.o/36_# r74w:pg{/+va~C4>,x+R:t_it!)9ixUejxsN=UDN?98Cl ' Pinkney v. Meadville, Pa., No. You will have to check with your local. Medicare Questions And Teamster Retiree Health Benefits. As it was under the UPS Company Plan, your vision coverage is provided through the Vision Service Plan (VSP) network. endstream
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Feb. 23, 2021) (same). 1 7-10; D.E. Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citing Twombly, 550 U.S. at 555); see also Fowler v. UPMC Shadyside, 578 F.3d 203, 209-11 (3d Cir. 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 . she told us we could buy a part D for prescriptions but asked why? For the foregoing reasons, Defendants' Motion to Dismiss is GRANTED without prejudice. at 12.) Vision benefits are available once every 12 months for you and your covered dependents. 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. 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. Retirees. the Western Region of Teamsters Negotiating Committee Co-Chairs having the power to impose an immediate resolution with an appropriate remedy. Teamsters Western Region and Local 177 Health Care Plan - Amendments 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. 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. Sanchez v. Teamsters W. Region & Local 177 Health Care Plan During this time, Davison also served as editor of theOregon Teamster. 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. Full title:JOSEPH HUTCHINS, by his attorney in fact CYNTHIA TAINSH, under a power of, Court:United States District Court, D. New Jersey. 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)). 8(a)(2). Id. v. Aetna, Inc., 774 Fed.Appx. Aug. 18, 2021), the weight of authority suggests that suit must be brought in the patient's name. Please contact them for more information. * Please make sure to use the latest browser version. Teamsters Western Region and Local 177 Healthcare Plan. D.E. 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. In American Orthopedic & Sports Medicine v. Independence Blue Cross Blue Shield, the Third Circuit held that anti-assignment clauses in ERISA-governed health insurance plans as a general matter are enforceable. 890 F.3d 445, 453 (3d Cir. Eleven patients were covered under the Teamsters Western Region & Local 177 Health Care Plan ("Teamsters Plan"). This site has been established for you to view Life Claims and 1095-B Forms. 25, 2022). Member Resources 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. He joined Local 162 in 1994 loading trucks at UPS and served as a steward. at 454. 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). Received Notice that Our Medicare Part D Thru Retiree Trust Is Being Cancelled, Teamcare Retiree Insurance Doesn't Pay If Spouse is Disabled. You are using an out of date browser. 0
Visit the Teamsters Western Region and Local 177 Healthcare Plan website covering UPS Teamsters in the Western Region. 5:2016cv02083 - Document 52 (C.D. . No. -Welcome to the Teamsters Western Region and Local 177 Health Care Plan! PDF Teamsters Western RegionTentative Agreement 14 at 4-7.) Visit Website. Davison was elected as a Local 162 Business Agent in 2003 and President in 2009. Medicare becomes primary and our teamster health benefits are secondary. Orthopedic & Sports Med. Western Conf. ~:Lz?XsPOkndU=qd|wdA\WM=/_k#
v&58iSsG' and $5 is our co=pay for prescriptions. If Mr. Hutchins does not owe any balance of the bill, Dr. Tainsh cannot recover anything on his behalf. Southwest Service Administrators, Inc. 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. 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. It contains the same info as the website. 2023 TDU Convention, Nov. 3-5, IBT to Yellow: No Contract Re-opener Without Economic Improvements. It may not display this or other websites correctly. . 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. Action to Enforce a Plan Benefit Pursuant to U.S.C. This site has been established for you to view Life Claims and 1095-B Forms. Spine Ctr. UPS part-time employees. 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 Login here . Teamsters Western Region & Local 177 Retirees. For additional website materials, please return to, Google Chrome, Mozilla Firefox, Microsoft Edge, Apple Safari, Opera. Defendant requests that this Court award attorneys' fees and costs for this Motion, pursuant to 29 U.S.C. VISIT WEBSITE Labor Alliance Managed Trest Fund Visit the Labor Alliance Managed Trust Fund website for more information on your health plan. I believe that retiree medical coverage is renewed with each new contract approval. Local 177 Retire Healthcare Coverage | UPS Union Issues If Dr. Tainsh were acting to benefit Mr. Hutchins in some way, the POA could have effect, as in cited instances in Am. Before this Court is Defendant Teamsters Western Region and Local 177 Healthcare Plan's (Defendant) Motion to Dismiss (D.E. Medicare is the primary and the balance is covered by retiree coverage. Co. v. Deloitte & Touche LLP, 549 F.3d 100, 108 (2d Cir. For your convenience we have designed the entire site to be mobile friendly, great for when you need information right away! The authority to act on behalf of the principal' is the primary issue at hand in this matter. Teamsters Western Region & Local 177 | twr177-retiree-plan 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. 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. We're very proud of the exceptional benefits program we offer to our members and their families. HUTCHINS v. TEAMSTERS WESTERN REGION AND LOCAL 177 HEALTH CARE PLAN et 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. Co., 752 F.2d 874, 881 (3d Cir. 26:2SS-11(a). 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. Over-the-counter test kits. 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. 2018). Support TDU Women's Leadership Development, Registration Now Open! 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. What is Teamster Rank & File Education and Legal Defense Foundation (TRF)? Sure be nice if more Nor Cal and So Cal retiree's would chime in! 13.) The UPS contract is the largest private collective bargaining agreement in North America. . Mark Davison is a third-generation trade unionist. PDF United States Court of Appeals for The Ninth Circuit However, Sanchez alleges that his religious . Teamsters Western Region & Local 177 | Home FACTUAL BACKGROUND AND PROCEDURAL HISTORY, On June 17, 2021, Joseph Hutchins (Mr. 25 0 obj
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(dam) Download PDF of 9 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. That provision impacts this matter because it means that, at this point, Dr. Tainsh is unable to recover any balance-billing payment from Mr. Hutchins and would have had to have previously pursued binding arbitration to resolve any dispute about payment for the services. Teamsters Western Region & Local 177 | important-provider-changes-2020. In so finding, the Third Circuit noted that anti-assignment clauses do not preclude an insured from grant[ing] a valid power of attorney that confer[s] on his agent the authority to assert [a] claim on his behalf. Id. My spouse has an Ambien script and it's a pain. of Allegheny, 515 F.3d 224, 231 (3d Cir. UPS is the single largest employer in the Teamsters Union. 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. 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. ! we pay $75 each per month for healthcare which is pretty good. 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. November 2, 2013: The Western Region and Local 177 UPS health care website is up. 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. SANCHEZ v. TEAMSTERS WESTERN REGION & LOCAL 177 HEALTH CARE PLAN . we have a $5 pay for 90 prescriptions so we will just keep that. 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. 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. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Their address is 2621 South 3270 West, Salt Lake City, Utah 84119. Under the NJNSA, [u]nless negotiations for reimbursement result in an agreement between the provider and the plan member within 30 days [after the plan member is sent a bill for the services], a provider shall not collect or attempt to collect reimbursement, including initiation of any collection proceedings, until the provider files a request for arbitration with the department pursuant to this section. N.J. STAT. (citing N.J. Spine & Orthopedics, LLC v. Bae Sys., Inc., No. 2:2022cv04583 - Document 16 (D.N.J. 14 at 13.) 2004)); see also Phillips v. Cnty. 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. 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. Generally, courts apply the Rule 12(b)(6) standard when a defendant challenges a plaintiff's standing to bring an Employee Retirement Income Security Act (ERISA) claim. 2009) (discussing the Iqbal standard). All states will probably follow Cali's lead. I joined TDU because TDU gives rank-and-file Teamsters information and organization to build a stronger union.". Their address is 2323 Eastlake Avenue East, Seattle, Washington 98102. An appropriate order follows. United States District Court, D. New Jersey. They pay 80% and the 20 % we pay is what is left over after a write off. Co., 752 F.2d at 881). 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?". Teamsters Western Region & Local 177 Health Care Plan.Privacy Policy|Sitemap, Google Chrome, Mozilla Firefox, Microsoft Edge, Apple Safari, Opera. (Id. As it was under the UPS Company Plan, your vision coverage is provided through the Vision Service Plan (VSP) network. 1Xw[A`5G]Yoo}}C6{S.
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Upon graduation from Portland State University in 2000, he was hired by Teamsters Joint Council 37 as a representative. 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. 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. Plaintiff's claim, therefore, is dismissed. Register today and get ready to build union power with Teamsters from across the country. 60, 62 n.1 (3d Cir. 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. 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 provider thereafter sought to obtain the balance of the procedure cost, $32,281.47, and by August 11, 2021 exhausted the applicable administrative appeal procedures with Defendant. Telephone Business Hours Mon-Fri 7:30am-4:30pm, All other UT/NV Health Funds: 801-266-3256 toll free: 800-345-3248, Pension Funds: 801-266-3271 toll free: 800-453-4584, Telephone Business Hours Mon-Fri 8:30am-4:30pm. (No. I have to check with Blue Cross/Blue Shield of Arizona which handles the claims to see if Medicare doesn't cover something if the retiree plan would cover the claim. Visit Website. You're all set! On June 16, 2022, Joseph Hutchins executed a Limited Power of Attorney (POA) that appointed Cynthia Tainsh, M.D., his Attorney-in-Fact and Agent, and granted Dr. Tainsh authority to. He has negotiated and enforced strong contracts in every Local 162 represented industry. Teamsters Western Region and Local 177 Health Care Plan Filing 52 Teamsters Western Region and Local 177 Health Care Plan, No. Id. Apr. VI), 822 F.3d 125, 133 (3d Cir. May 23, 2022) (quoting In re Asbestos Prods. PDF Teamsters Western Region & Local 177 Health Care Plan Conference Calls For a better experience, please enable JavaScript in your browser before proceeding. (Id. (Id. _,EL#.Rb@@L#E? Hutchins v. Teamsters W. Region & Local 177 Health Care Plan, Civil Action 22-04583 (SDW) (MAH) (D.N.J. Signed by Judge Susan D. Wigenton on 4/10/2023. One patient was covered Dr. Tainsh did not pursue such arbitration, and instead seeks to recover payment from Defendant by acting as an attorney-in-fact (agent) for Mr. Hutchins (principal). J#(&.$?+k!VLM]h>i/b,?_i!. 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. "I attended a UPS contract workshop that TDU held for members of my local. is properly filed under Rule 12(b)(6). Sign up for our free summaries and get the latest delivered directly to you. Login here. *eTYkWvQ5i\R_?L7F(JHmHuHEkA ZWY,~]9mk}.s;RN;6\)[W0dVjT1BcA0WHMT{)
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" C!*l8!l@uN! Package Division Organization Chart . I have been on Medicare since mid 2017. He also serves as an International Western Region Package Division Representative. It's designed to be convenient, comprehensive, and above allto provide high quality care. . 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). 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. 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. A power of attorney does not transfer an ownership interest in the claim,' id. For additional website materials, please return to www.wr177healthcare.com It includes information on benefits but has no information on the diversion of negotiated money from your pension to fund the health plan. Univ. It includes information on benefits but has no information on the diversion of negotiated money from your pension to fund the health plan. Teamsters Western Region & Local 177 Health Care Plan. 6-1 at 8.) 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. 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. v. Aetna, Inc., 801 F.3d 369, 371 n.3 (3d Cir.