1132(a)(1)(b). 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. 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. However, the tenet that a court must accept as true all of the allegations contained in a complaint is inapplicable to legal conclusions. %%EOF 2004)); see also Phillips v. Cnty. 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. What is Teamster Rank & File Education and Legal Defense Foundation (TRF)? 1 Modified Date: 12/9/2022 Loading, please wait. Co., 752 F.2d at 881). 14 at 13.) Our health insurance since retired is from Retirees benefit trust from the union i guess. Factual allegations must be enough to raise a right to relief above the speculative level Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007) (citing 5 C. WRIGHT & A. MILLER, FEDERAL PRACTICE AND PROCEDURE 1216, 235-36 (3d ed. "I attended a UPS contract workshop that TDU held for members of my local. Over-the-counter test kits. D.E. Visit the Teamsters Western Region and Local 177 Healthcare Plan website covering UPS Teamsters in the Western Region. Visit Website. Our health insurance since retired is from Retirees benefit trust from the union i guess. about $15 for a doctor visit. Full title:JOSEPH HUTCHINS, by his attorney in fact CYNTHIA TAINSH, under a power of, Court:United States District Court, D. New Jersey. An 11-minute DVD is also available, and will be sent out prior to the upcoming re-vote on the UPS contract in the west. June 21, 2021) (Plaintiffs also cannot establish ERISA standing by asserting a POA, because they are litigating in their own names, not on behalf of their patients.). page numbers referenced throughout this Opinion reference the filing page numbers, not each document's original page number. You are using an out of date browser. Retirees. You can find it http://www.wr177healthcare.com. 15.). They pay 80% and the 20 % we pay is what is left over after a write off. that the pleader is entitled to relief as required by Rule 8(a)(2). 1 7-10; D.E. I retired out of So-Cal in 2015. about $15 for a doctor visit. However, Sanchez alleges that his religious . Hutchins v. Teamsters W. Region & Local 177 Health Care Plan, Civil Action 22-04583 (SDW) (MAH) (D.N.J. This Court has jurisdiction pursuant to 29 U.S.C. Plaintiffs shall have an opportunity to amend the Complaint, assuming Plaintiff can cure the defects identified herein. It includes information on benefits but has no information on the diversion of negotiated money from your pension to fund the health plan. Routine exams are covered for just a flat $10 copay when you visit a participating provider. Teamsters Western Region & Local 177 Health Care Plan. 13.) Related Posts Headline News Teamsters Tell UPS: Make Movement on Our Members' Issues Now 2023.04.17 . Medicare Questions And Teamster Retiree Health Benefits. If you are covered under the Western Teamsters Welfare Trust (WTWT), you must call Northwest Administrators at 800-932-4790 for Eligibility or 1-800-872-5439 for claim inquiries. 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. The Package Division is the unions largest division, serving hundreds of thousands of members throughout North America. _,EL#.Rb@@L#E? You can find it http://www.wr177healthcare.com. 2023 TDU Convention, Nov. 3-5, IBT to Yellow: No Contract Re-opener Without Economic Improvements. (dam). 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))). You're all set! Plaintiff does not dispute that the insurance plan at issue has a valid anti-assignment clause. Plaintiff's claim, therefore, is dismissed. Apr. (citing N.J. Spine & Orthopedics, LLC v. Bae Sys., Inc., No. We're very proud of the exceptional benefits program we offer to our members and their families. 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. This site has been established for you to view Life Claims and 1095-B Forms. 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. (dam) Download PDF of 9 Cal. Teamsters Western Region & Local 177 Health Care Plan and $5 is our co=pay for prescriptions. For additional website materials, please return to www.wr177healthcare.com 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. 1Xw[A`5G]Yoo}}C6{S. -->a.mXh-Xo#u5y5'V>` @ The UPS contract is the largest private collective bargaining agreement in North America. endstream endobj 13 0 obj <>stream ! (quoting Complaint of Bankers Tr. she told us we could buy a part D for prescriptions but asked why? There is too much abuse with people getting scripts from multiple dr's and the opiode epidemic. Visit www.vsp.com to find a provider in your area. 6-1) the Complaint filed by Plaintiff Joseph Hutchins, by his attorney in fact Cynthia Tainsh, (Dr. 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. A power of attorney does not transfer an ownership interest in the claim,' id. The Complaint does not specify what party submitted the claim. On August 3, 2021, Defendant paid $579.23 to the IONM provider-an out[-]of[-]network provider-for the IONM services. Teamsters Western Region & Local 177 | twr177-retiree-plan 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. PDF Teamsters Western RegionTentative Agreement (D.E. The division is responsible for ensuring that management abides by the UPS Master Agreement. *eTYkWvQ5i\R_?L7F(JHmHuHEkA ZWY,~]9mk}.s;RN;6\)[W0dVjT1BcA0WHMT{) \69? J|3#U.P6 y.l9`p*vk\@yVkZ[aA>sH RzC;}@u*v-]]t\&&3..BU[wJ;KLO}5zUhDkWPmxj0>,6\E-2X#yI9I0KX?< V .d%_=TF#fwn("Do $**AZVg!6JCD[P9NV7sPrFG)I uD8Ohq$ `Af O bM.D FM9}KGlt *hmK[W(r/ itb%l=;7sz)}t$,e4SgZVv1NBo>}'~ " C!*l8!l@uN! (Id. For your convenience we have designed the entire site to be mobile friendly, great for when you need information right away! Teamsters Western Region and Local 177 Healthcare Plan. Litig. Davison was elected as a Local 162 Business Agent in 2003 and President in 2009. 2002)). Teamsters Western Region & Local 177 | important-provider-changes-2020. 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. FACTUAL BACKGROUND AND PROCEDURAL HISTORY, On June 17, 2021, Joseph Hutchins (Mr. VISIT WEBSITE Labor Alliance Managed Trest Fund Visit the Labor Alliance Managed Trust Fund website for more information on your health plan. Spine Ctr. Vision benefits are available once every 12 months for you and your covered dependents. Plaintiff asserts that the claim is pursued on behalf of Mr. Hutchins by his attorney in fact Cynthia Tainsh, pursuant to the POA, and that Defendant's payment for the subject services violate[s] the ERISA plan terms. (D.E. 12.). 9 0 obj <> endobj An adequate complaint must be a short and plain statement of the claim showing that the pleader is entitled to relief. Fed.R.Civ.P. 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. Medicare is the primary and the balance is covered by retiree coverage. Here, Plaintiff purports that because there is no reliance on an assignment of benefits, and because Dr. Tainsh is an individual and not an entity, her association with the medical provider is of no moment, and nothing is amiss with the POA. (D.E. 1132(e). It includes information on benefits but has no information on the diversion of negotiated money from your pension to fund the health plan. Their address is 2323 Eastlake Avenue East, Seattle, Washington 98102. . All states will probably follow Cali's lead. This site has been established for you to view Life Claims and 1095-B Forms. 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. 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 . J 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. ~:Lz?XsPOkndU=qd|wdA\WM=/_k# v&58iSsG' An appropriate order follows. Be P` Ky.are Teamsters Western Region & Local 177 | Home You can explore additional available newsletters here. 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. As it was under the UPS Company Plan, your vision coverage is provided through the Vision Service Plan (VSP) network. 2112766, 2022 WL 1213467, at *3 (D.N.J. Retirees in our local have to purchase Part B (hospital) and Part D. I believe some Western Conferences continue some of their health benefits. Download our Teamsters Local 396 phone application to access useful tools and get the latest information from your Local Union. Please contact them for more information. PDF Teamsters Western Region & Local 177 Health Care Plan Conference Calls 21-1051, 2022 WL 1616972, at *2 (3d Cir. The provider thereafter sought to obtain the balance of the procedure cost, $32,281.47, and by August 11, 2021 exhausted the applicable administrative appeal procedures with Defendant. HW]%G }>2r>\j$ Y$^]$6Hi=},k3 J#(&.$?+k!VLM]h>i/b,?_i!. Any amended pleading must be filed within thirty (30) days. The division represents UPS package car drivers, air drivers, feeder drivers, part-time loaders, unloaders, sorters, clerks and mechanics. 2:2022cv04583 - Document 16 (D.N.J. In Tamburrino, M.D., et al. 60, 62 n.1 (3d Cir. Our health benefits terminate when you turn 65, but spouse remains until that person turns 65. 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. at 455. Labor Alliance Managed Trust Fund . Id. Registration is open for the 2023 TDU Convention, November 3-5 in Chicago. No. The authority to act on behalf of the principal' is the primary issue at hand in this matter. For the foregoing reasons, Defendants' Motion to Dismiss is GRANTED without prejudice. 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)). I believe that retiree medical coverage is renewed with each new contract approval. Sanchez v. Teamsters W. Region & Local 177 Health Care Plan Welcome to the Teamsters Western Region & Local 177 Health Care Plan! Visit www.vsp.com to find a provider in your area. We called the teamsters benefit trust for norcal and found out that we have to purchase part b . 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. at 12.) Eleven patients were covered under the Teamsters Western Region & Local 177 Health Care Plan ("Teamsters Plan"). If you are already retired or plan on retiring before January 1, 2014, your retiree benefits will continue to be provided by UPS. Make your practice more effective and efficient with Casetexts legal research suite. Most supplements are different. 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. 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. * Please make sure to use the latest browser version. They pay 80% and the 20 % we pay is what is left over after a write off. Dr. Tainsh, however, is not seeking to collect monies owed on Mr. Hutchins' behalf; Mr. Hutchins does not owe Dr. Tainsh monies. 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. 2023) Court Description: OPINION. 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?". %PDF-1.4 % 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. As it was under the UPS Company Plan, your vision coverage is provided through the Vision Service Plan (VSP) network. endstream endobj 14 0 obj <>stream 26:2SS-11(a). HUTCHINS v. TEAMSTERS WESTERN REGION AND LOCAL 177 HEALTH CARE PLAN et 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. 14 at 4, 6.) UPS part-time employees. It contains the same info as the website. Llame a nuestras lneas de servicio al cliente para asistencia o inicie sesin en el Portal. May 23, 2022) (quoting In re Asbestos Prods. Western Region and Local 177 UPS Health Plan - Teamsters for a Western Conf. Slow, less stable, much more vulnerable to viruses, spyware, malware, and prone to other security issues! 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. This Rule requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do. 6-1 at 11.) Id. Protecting your eyesight is easy with the Plans Vision Plan. 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. Teamsters Western Region & Local 177 Health Care Plan.Privacy Policy|Sitemap, Google Chrome, Mozilla Firefox, Microsoft Edge, Apple Safari, Opera. Medicare becomes primary and our teamster health benefits are secondary. He also serves as an International Western Region Package Division Representative. VI), 822 F.3d 125, 133 (3d Cir. 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). Defendant requests that this Court award attorneys' fees and costs for this Motion, pursuant to 29 U.S.C. 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. L{L|f7ZddM~ (No. $>f:~wYrer. * Please make sure to use the latest browser version. 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.
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