This site has been established for you to view Life Claims and 1095-B Forms. 2023) Court Description: OPINION. They pay 80% and the 20 % we pay is what is left over after a write off. Before this Court is Defendant Teamsters Western Region and Local 177 Healthcare Plan's ('Defendant") Motion to Dismiss (D.E. 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. Southwest Service Administrators, Inc. )4aur However, Sanchez alleges that his religious . We got critical information about the contract campaign and how we could get involved. 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 . Id. Teamsters Western Region & Local 177 Health Care Plan. 1984)). JavaScript is disabled. He joined Local 162 in 1994 loading trucks at UPS and served as a steward. Login here. 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. HUTCHINS v. TEAMSTERS WESTERN REGION AND LOCAL 177 HEALTH CARE PLAN et 10, 2023). Visit the Teamsters Western Region and Local 177 Healthcare Plan website covering UPS Teamsters in the Western Region. Eleven patients were covered under the Teamsters Western Region & Local 177 Health Care Plan ("Teamsters Plan"). Mark Davison - International Brotherhood of Teamsters at 455. . For additional website materials, please return to www.wr177healthcare.com It may not display this or other websites correctly. Aug. 18, 2021), the weight of authority suggests that suit must be brought in the patient's name. Y2)V?_v!,:Ma4@5l3Q 5Y 2019) ([W]hether a party has derivative standing to file an ERISA claim involves a merits-based determination,' such that a motion to dismiss for lack of ERISA standing . Received Notice that Our Medicare Part D Thru Retiree Trust Is Being Cancelled, Teamcare Retiree Insurance Doesn't Pay If Spouse is Disabled. [xh3p7;,o$k *8dEQG}.o/36_# r74w:pg{/+va~C4>,x+R:t_it!)9ixUejxsN=UDN?98Cl Local 177 Retire Healthcare Coverage | UPS Union Issues Teamster Safety and Health. I joined TDU because TDU gives rank-and-file Teamsters information and organization to build a stronger union.". d-M}@Es^=[lTkK!w)kkIEH[)5/(h* Vno}Zo5/ @ Medicare is the primary and the balance is covered by retiree coverage. 5:2016cv02083 - Document 52 (C.D. 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. J 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. Teamsters Western Region & Local 177 | important-provider-changes-2020 Visit www.vsp.com to find a provider in your area. Teamsters Western Region & Local 177 - Retirees Home -Welcome to the Teamsters Western Region and Local 177 Health Care Plan! endstream endobj 13 0 obj <>stream 6-1) the Complaint filed by Plaintiff Joseph Hutchins, by his attorney in fact Cynthia Tainsh, (Dr. and $5 is our co=pay for prescriptions. However, the tenet that a court must accept as true all of the allegations contained in a complaint is inapplicable to legal conclusions. Defendant astutely points out that Mr. Hutchins cannot be held liable or responsible for any debt related to this service and purportedly owed to Dr. Tainsh or her medical practice because the NJNSA preclude[s] a healthcare provider from balance-billing a patient absent certain protections afforded under the [N]NSA]. (D.E. For additional website materials, please return to, Google Chrome, Mozilla Firefox, Microsoft Edge, Apple Safari, Opera. 1Xw[A`5G]Yoo}}C6{S. -->a.mXh-Xo#u5y5'V>` @ He also serves as an International Western Region Package Division Representative. hmO0?q$P%Z(0Q(/L4R]4(Ms?w, XH,%OCss81q\\,Ts-~AZ c' bC$sLx|Y.84Pw088)09 2018). Walk-In Hours Mon-Fri 7:30am-4:30pm 5251 Green Street, Suite 200 Murray, UT 84123-2995 UT-ID Teamsters - 855-292-7954 All other UT/NV Health Funds: 801-266-3256 toll free: 800-345-3248 Pension Funds: 801-266-3271 toll free: 800-453-4584 Business Hours Mon-Fri 8:30am-5:00pm Walk-In Hours Mon-Fri 8:30am-4:30pm 2425 N Central Expy, Suite 120 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. This site has been established for you to view Life Claims and 1095-B Forms. ' (quoting N. Jersey Brain & Spine Ctr. 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. $>f:~wYrer. Vision benefits are available once every 12 months for you and your covered dependents. Co., 752 F.2d 874, 881 (3d Cir. If you are already retired or plan on retiring before January 1, 2014, your retiree benefits will continue to be provided by UPS. Make your practice more effective and efficient with Casetexts legal research suite. If Dr. Tainsh were acting to benefit Mr. Hutchins in some way, the POA could have effect, as in cited instances in Am. HW]%G }>2r>\j$ Y$^]$6Hi=},k3 1 Modified Date: 12/9/2022 Loading, please wait. 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. * Please make sure to use the latest browser version. "I attended a UPS contract workshop that TDU held for members of my local. 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. Defendant requests that this Court award attorneys' fees and costs for this Motion, pursuant to 29 U.S.C. The calls will take place at the following times: Thursday, May 8, 8pm eastern (Local 177 Teleforum) Thursday, May 8, 7pm western (Western Region HC Teleforum) Wednesday, May 21, 8pm eastern (Local 177 Teleforum) 1-1 at 2.) While at least one court in this District has permitted a case to proceed in the healthcare providers' own names where the complaint indicated the claims were brought on behalf of patients, see Somerset Orthopedic Assocs., P.A. v. Horizon Healthcare Servs., Inc., No. Univ. Member Resources Teamsters Western Region & Local 177 | twr177-retiree-plan ' Pinkney v. Meadville, Pa., No. Medicare becomes primary and our teamster health benefits are secondary. at 454. Slow, less stable, much more vulnerable to viruses, spyware, malware, and prone to other security issues. 2002)). FACTUAL BACKGROUND AND PROCEDURAL HISTORY, On June 17, 2021, Joseph Hutchins (Mr. 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. 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. VISIT WEBSITE Labor Alliance Managed Trest Fund Visit the Labor Alliance Managed Trust Fund website for more information on your health plan. 60, 62 n.1 (3d Cir. Plaintiffs shall have an opportunity to amend the Complaint, assuming Plaintiff can cure the defects identified herein. 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. Slow, less stable, much more vulnerable to viruses, spyware, malware, and prone to other security issues! VISIT WEBSITE Northwest Administrators 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. Medicare Questions And Teamster Retiree Health Benefits. The division represents UPS package car drivers, air drivers, feeder drivers, part-time loaders, unloaders, sorters, clerks and mechanics. 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.). I retired out of So-Cal in 2015. 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. at *4. My spouse has an Ambien script and it's a pain. TeamCare Teamsters Western Region & Local 177 Health Care Plan Teamsters-UPS National 401(k) Plan Previous UPS Agreements. Our health insurance since retired is from Retirees benefit trust from the union i guess. 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. 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 . Teamsters Western Region & Local 177 | Benefits | Vision 2017) Court Description: ORDER GRANTING DEFENDANTS MOTION TO DISMISS 43 by Judge Otis D. Wright, II: ( MD JS-6. 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.) 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. ! Teamsters Western Region and Local 177 Health Care Plan Filing 52 Teamsters Western Region and Local 177 Health Care Plan, No. 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. I pay $200 a month to the teamsters out of Phoenix which oversees the health care plan. I have been on Medicare since mid 2017. Co., 752 F.2d at 881). If the well-pleaded facts do not permit the court to infer more than the mere possibility of misconduct, the complaint should be dismissed for failing to show[] . 14 at 13.) 14 at 4-7.) November 2, 2013: The Western Region and Local 177 UPS health care website is up. 21-1051, 2022 WL 1616972, at *2 (3d Cir. at 12.) SANCHEZ v. TEAMSTERS WESTERN REGION & LOCAL 177 HEALTH CARE PLAN Plaintiff's claim, therefore, is dismissed. 0 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. 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. 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. 1132(e). Protecting your eyesight is easy with the Plans Vision Plan. It includes information on benefits but has no information on the diversion of negotiated money from your pension to fund the health plan. Retirees. Upon graduation from Portland State University in 2000, he was hired by Teamsters Joint Council 37 as a representative. we pay $75 each per month for healthcare which is pretty good. 14 at 5.) . JOSEPH HUTCHINS, by his attorney in fact CYNTHIA TAINSH, under a power of attorney, Plaintiffs, v. TEAMSTERS WESTERN REGION AND LOCAL 177 HEALTHCARE PLAN, et al., Defendants. Litig. at 454-55 (quoting W.R. Huff Asset Mgmt. The authority to act on behalf of the principal' is the primary issue at hand in this matter. I believe that retiree medical coverage is renewed with each new contract approval. Court Description: OPINION. * Please make sure to use the latest browser version. 2023 TDU Convention, Nov. 3-5, IBT to Yellow: No Contract Re-opener Without Economic Improvements. (quoting Complaint of Bankers Tr. One really needs to educate oneself on what Medicare pays for and how often. All states will probably follow Cali's lead. J#(&.$?+k!VLM]h>i/b,?_i!. hb``c``2g`` 2009) (discussing the Iqbal standard). about $15 for a doctor visit. Feb. 23, 2021) (same). 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. 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. Id. Teamsters Western Region & Local 177 | important-provider-changes-2020. Get free summaries of new District of New Jersey US Federal District Court opinions delivered to your inbox! The UPS contract is the largest private collective bargaining agreement in North America. 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. Visit Website. 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). You can find it http://www.wr177healthcare.com. For the foregoing reasons, Defendants' Motion to Dismiss is GRANTED without prejudice. Teamsters Western Region & Local 177 Health Care Plan.Privacy Policy|Sitemap, Google Chrome, Mozilla Firefox, Microsoft Edge, Apple Safari, Opera. The Package Division is the unions largest division, serving hundreds of thousands of members throughout North America. What is Teamster Rank & File Education and Legal Defense Foundation (TRF)? *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! Routine exams are covered for just a flat $10 copay when you visit a participating provider. Western Region and Local 177 UPS Health Plan - Teamsters for a A. we pay $75 each per month for healthcare which is pretty good. 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. 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. WESTERN TEAMSTERS WELFARE TRUST. Download our Teamsters Local 396 phone application to access useful tools and get the latest information from your Local Union. They pay 80% and the 20 % we pay is what is left over after a write off. Co. v. Deloitte & Touche LLP, 549 F.3d 100, 108 (2d Cir. 25, 2022). Download the UPS Teamsters App from the App Store Package Division Resources. PDF United States Court of Appeals for The Ninth Circuit 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. These documents are also available, in searchable format, on the UPS Rising app, available on Google Play and the App Store. Teamsters Western Region & Local 177 Health Care Plan Beverly Oaks, an out-of-network healthcare provider, performed medical procedures on 14 patients who were covered under employer-sponsored health insurance plans administered by Blue Cross. 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. 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). (Id. 2022 Teamsters joint Council 42 Scholarship . Sanchez v. Teamsters W. Region & Local 177 Health Care Plan This Court finds that, with the discreet facts presented here, combined with the fact that Mr. Hutchins will not derive any benefit whatsoever from any recovery, the POA is the functional equivalent of an assignment, which is thus barred by the anti-assignment provision of the ERISA plan, and Dr. Tainsh is functionally acting as Plaintiff, but lacks standing to pursue the claim. is properly filed under Rule 12(b)(6). 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. of Allegheny, 515 F.3d 224, 231 (3d Cir. Western Conf. Sign up or login now to get instant access to claims, explanation of benefits, and more! 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. 1132(a)(1)(b). See link under "Important Links". 20-05479, 2021 WL 689113, at *3 (D.N.J. 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. Defendant further requests an award of attorney's fees pursuant to ERISA. (Id. * Please make sure to use the latest browser version. UPS part-time employees. Sure be nice if more Nor Cal and So Cal retiree's would chime in! we have a $5 pay for 90 prescriptions so we will just keep that. VI), 822 F.3d 125, 133 (3d Cir. This Trust Fund does not currently sponsor any Social Media sites - Please refer to the Contact Us section of this website for any questions regarding your benefits. Attorney[s-]in[-]fact cannot litigate on their own behal[ves] and for their own benefit. N.J. Spine & Orthopedics, LLC v. Bae Sys., Inc., No. Our health insurance since retired is from Retirees benefit trust from the union i guess. 9 0 obj <> endobj E>>v?|y{9 z%_7m.zJ)nw;[+?T/w}T/&Q]x$_u,U_@N Welcome to the Teamsters Western Region & Local 177 Health Care Plan! 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). BENEFITS AND RESOURCES | Teamsters Local 396 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. (D.E. UPS is the single largest employer in the Teamsters Union. 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. You're all set! 2008)), but simply confers on the agent the authority to act on behalf of the principal,' id. HWKoFWl4!h]8"zzI[E]J|HJ:t12l4[%6i)L)?&++aSk L{L|f7ZddM~ 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 Teamsters Western Region and Local 177 Health Care Plan - Amendments Teamsters Western Region & Local 177 | west-region-and-local177-health-care-plan-amendments Teamsters Western Region and Local 177 Health Care Plan - Amendments Path: Teamsters Western Region and Local 177 Health Care Plan - Amendments Amendment No. 2015))). Be P` Ky.are This Rule requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do. You already receive all suggested Justia Opinion Summary Newsletters.
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