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Erisa And Health Insurance Subrogation In All 50 States 5th Edition
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Book Synopsis ERISA and Health Insurance Subrogation in all 50 States - 5th Edition by : Gary L. Wickert
Download or read book ERISA and Health Insurance Subrogation in all 50 States - 5th Edition written by Gary L. Wickert and published by Juris Publishing, Inc.. This book was released on 2013-01-01 with total page 1300 pages. Available in PDF, EPUB and Kindle. Book excerpt: ERISA and Health Insurance Subrogation In All 50 States is the most complete and thorough treatise covering the complex subject of ERISA and health insurance subrogation ever published. NEW TO THE FIFTH EDITION! • Updated To Include All The Newest Case Law! • Updated To Include Medicaid Subrogation and Preemption of FEHBA ! • New Plan Language Recommendations! • Complete Health Insurance Subrogation Laws In All 50 States • Covers The Application of ERISA In Every Federal Circuit The Fifth Edition of ERISA and Health Insurance Subrogation In All 50 States has been completely revised, edited, and reorganized. This was partly to reflect the new direction recent case decisions have taken regarding health insurance subrogation as well as the crystallization of formerly uncertain and nebulous areas of the law which have now received some clarity. An entirely new chapter entitled, “What Constitutes Other Appropriate Equitable Relief?” has been added and replaces the old Chapter 9, which merely dealt with Knudson and Sereboff. The new edition introduces new state court decisions addressing the issue of causation and whether and when a subrogated Plan seeking reimbursement must prove that the medical benefits it seeks to recover were causally related to the original negligence of the tortfeasor. An entirely new section was added concerning the subrogation and reimbursement rights of Medicare Advantage Plans, a statutorily-authorized Plan which provides the same benefits an individual is entitled to recover under Medicare. This includes recent case law which detrimentally affects the rights of such Plans to subrogate. Also added to the new edition is additional law and explanation regarding Medicaid subrogation, including the differentiation between “cost avoidance” and “pay and chase” when it comes to procedures for paying Medicaid claims. Significant improvements have been made to suggested Plan language which maximizes a Plan’s subrogation and reimbursement rights. The suggested language stems from recent decisions and developments in ERISA and health insurance subrogation from around the country since the last edition. The new edition has been completely reworked both in substance and organization. Recent case law has necessitated consolidation of several portions of the book and elimination or editing of others. A new section entitled “Liability of Plaintiff’s Counsel” has been added, which provides a clearer exposition on the laws applicable and remedies available when plaintiff’s attorneys and Plan beneficiaries settle their third-party cases and fail to reimburse the Plan. Also new to the book are recently-passed anti-subrogation measures such as Louisiana’s Senate Bill 169, § 1881, which states that no health insurer shall seek reimbursement from automobile Med Pay coverage without first obtaining the written consent of the insured. The new edition also goes into much greater detail on the procedures for and law underlying the practice of removal of cases from state court to federal court, and the possibility of remand back to state court. This includes the Federal Courts Jurisdiction and Venue Clarification Act of 2011, effective Jan. 6, 2012, which amended federal removal, venue, and citizenship determination statutes in very significant ways. The new edition also delves into, for the first time, the role which the federal Anti-Injunction Act plays when beneficiaries sue in state court to enforce the terms of an ERISA Plan, while the Plan files suit in federal court seeking an injunction against the state court action. New case law and discussion on preemption of FEHBA subrogation and reimbursement claims have been added to Chapter 10 in the wake of new decisions regarding same.
Book Synopsis Workers' Compensation Subrogation In All 50 States - Fifth Edition by : Gary L. Wickert
Download or read book Workers' Compensation Subrogation In All 50 States - Fifth Edition written by Gary L. Wickert and published by Juris Publishing, Inc.. This book was released on 2012-04-01 with total page 1616 pages. Available in PDF, EPUB and Kindle. Book excerpt: Workers' compensation subrogation continues to change and adapt, as trial lawyers prod its weak points and capitalize on confusing areas of the law. There have been numerous changes in workers' compensation statutes and case law in many states since the last edition. This edition includes an exhausting survey and detailed explanation of the crazy status of employer contribution in Illinois, which includes a step-by-step exposition of how contractual indemnity and the "Kotecki cap" play a role in expanded employer liability in Illinois workers' compensation subrogation cases. It covers the many nuances of Naig and Reverse-Naig settlements under Minnesota law, including an analysis of who has what burdens of proof and the effect such a settlement has on the remaining third-party case tried to a jury. In light of the landmark Missouri Court of Appeals decision in Robinson v. Hooker, the liability of co-employees in Missouri and surrounding states have been covered in greater detail. The concept of co-employee liability for acts which are intentional or committed outside of the course and scope of employment has been added in several states. New case law and explanations were added to the Texas chapter with regard to subrogating against UM/UIM policies, including arguments with regard to the efficacy of UM/UIM exclusionary policy language and the ability to subrogate against a UM/UIM policy actually issued by the same carrier insuring for workers' compensation coverage. West Virginia completely revised their subrogation statute and created a new statute relating to the "statutory employer" status of primary contractors and subcontractors on construction sites, limiting when and how primary contractors can become legitimate third parties for purposes of subrogation. Chapter 7, "Contractual Limitations to Subrogation" has been completely overhauled to include new statutes and case law for every state to assist practitioners in determining the law applicable when there is an alleged applicable waiver of subrogation which might otherwise destroy subrogation. A new Chapter 12 has been added, which focuses on jurisdiction of workers' compensation third-party actions taking a broad look at 28 U.S.C. § 1441, which prohibits removal of cases "arising under" state workers' compensation laws. A carrier now has the ability to prevent cases from being removed from favorable venues in state court to less favorable federal court venues - an attractive option for plaintiffs' attorneys with whom subrogated carriers can negotiate with for stipulations and concessions on their subrogation interests in exchange for maintaining a case in state court. This edition also expands on which states do and do not hold workers' compensation to be primary. Combined with more than 100 new case decisions, this Fifth Edition is the most complete and up-to-date edition yet. Workers' Compensation Subrogation is the most complete and thorough treatise covering workers' compensation subrogation ever published. There are very few areas in which the laws of each state vary more and are applied as differently, then in the area of workers' compensation subrogation. This book is intended to introduce the workers' compensation claims handler, in-house counsel, and subrogation professionals to some of the more esoteric and complex subrogation issues encountered in today's workers' compensation insurance subrogation marketplace. It covers the following issues in all 50 states: • Allocating Third Party Recoveries • Attorney's Fees • Borrowed Servant Doctrine • Conversion of Workers' Compensation Liens • Costs and Expenses • Dual Capacity Doctrine • Equitable Subrogation/Contribution • Exclusivity Rule Barring Action Against Employer • How To Calculate Your Credit/Advance and How It Is Applied In Each State • Intentional Acts • Joint Ventures • Made Whole Doctrine As Applied To Workers' Compensation Subrogation • Necessity of Intervention • Lien Reduction Statutes • Staff Leasing Services and Temporary Employment Agencies • Statutory Subrogation Rights • Subrogating Against UM/UIM Benefits • Subrogating In Medical Malpractice Cases • Subrogating In Legal Malpractice Cases • Waivers of Subrogation • Who Qualifies As A Third Party • Other Workers' Compensation Subrogation-Related Issues In addition to being an excellent primer on workers' compensation subrogation, suitable for both the new subrogation professional and the seasoned veteran, the book also contains a detailed synopsis of the workers' compensation subrogation laws in each of the 50 states. It is a must for anyone with multi-state subrogation responsibilities. Complete with diagrams, references and thousands of footnotes, this is the most ambitious workers' compensation subrogation project ever undertaken. The following issues and topics are covered in detail for each of the 50 states: Statutory Subrogation Rights • Identifies the statutory authority for workers' compensation subrogation in that state. • Discusses the purpose/legislative intent of the statute. • Is an election necessary by the worker? • Who can bring a third party action (plaintiff, carrier, employer, or all of the above)? • When and must a third party action be brought? • What are the rights of a carrier to intervene in an existing third party action filed by a worker? • Will a worker's compensation carrier's subrogation interest be barred if not brought timely? Third Parties • Who can be sued as third parties in a third party action? • Can a co-employee be sued and under what circumstances? • Can an uninsured/underinsured carrier be a "third party" under the laws of that state? • Is there a dual capacity or borrowed servant doctrine which somehow affects the ability of a worker's compensation carrier to effectively subrogate? • What is the state's workers' compensation bar? • Are there any specific restrictions regarding subrogation against a subcontractor or an employee of a subcontractor in a construction situation? • Under what circumstances can the employer be sued? • Can a carrier subrogate to the benefits of a recovery in a legal or medical malpractice action? Allocation of Third Party Recovery • How and when does the carrier recover its subrogated interest? • Does the carrier recover past benefits only or also the present value of future benefits which it owes under the Workers' Compensation Act of that state? • Is there a formula used to determine how a third party recovery is allocated? • What happens to the total recovery and how is it applied? • Can a carrier recover benefits paid by a third party or recovered in a third party action which relate to loss of consortium, or non-economic damages such as pain and suffering, mental anguish, or punitive damages? • Does the employer's negligence reduce the recovery by the worker or carrier? Attorneys' Fees/Costs • Can the plaintiff's attorney recover attorneys' fees and/or costs out of the carrier's subrogated recovery and under what circumstances? • How are attorneys' fees and costs handled if the carrier is also represented by subrogation counsel, intervenes into the third party action and actively represents its interest? • What if the carrier isn't represented? • Can a plaintiff's attorney recover attorneys' fees based on the value of past benefits only or will he be able to recover attorneys' fees based on the future benefits/credit recovered by the carrier? • Must a carrier bear its proportionate share of expenses as many states require, and what does that really mean? Credit/Advance • Can a carrier take a vacation from paying workers' compensation benefits once a worker makes a third party recovery? • How is the credit calculated under state law? • Does the carrier have to do anything special to obtain the credit, such as filing with the Workers' Compensation Commission? • Does the carrier get a credit toward future compensation benefits it owes or does it actually get to collect the present value of the future benefits it owes and still be obligated to pay the scheduled benefits in the future? Statutes of Limitation • What are the applicable statutes of limitation or statutes of repose that may be applicable to third party subrogation actions? Related Subrogation Issues • Are there any other issues or statutes which affect a worker's compensation carrier's right of subrogation, such as the made whole doctrine, common fund doctrine, or anti-subrogation statutes? • Are there any lien reduction statutes, such as those existing in Indiana, which affect a worker's compensation carrier's right of recovery? • Does the state have any no-fault laws which complicate workers' compensation subrogation involving an automobile accident, such as exist in Michigan and Colorado? • What are the carrier's options if the worker and his attorney simply refuse to repay a worker's compensation carrier's lien after settling a third party action? • If the worker fails to repay the carrier, is there a cause of action for conversion of a carrier's subrogation interest or may the carrier still proceed against the third party tortfeasor to recover its subrogation interest?
Book Synopsis Automobile Insurance Subrogation in All 50 States - Second Edition by : Gary L. Wickert
Download or read book Automobile Insurance Subrogation in All 50 States - Second Edition written by Gary L. Wickert and published by Juris Publishing, Inc.. This book was released on 2014-11-01 with total page 2081 pages. Available in PDF, EPUB and Kindle. Book excerpt: Automobile Insurance Subrogation: In All 50 States is the most thorough, comprehensive, and ambitious anthology of subrogation-related legal information and insurance resources ever put to paper. It is the last and most anticipated of the subrogation trilogy, and a book which will serve as the “bible” for any insurance company writing personal lines or commercial auto policies. It is destined to become the standard work and reference for attorneys, insurance companies, and subrogation industry professionals. Every year there are more than 7 million auto accidents in the United States with a financial toll of more than $300 billion. Nearly 3 million people are injured and 42,636 people are killed. In the overwhelming majority of these accidents there is at least one party at fault. For virtually every one of these accidents, a policy of automobile insurance provides some sort of claim payments or benefits. In the vast majority of those claims, one or more insurance policies and/or applicable state law grants the insurer a right of subrogation against a negligent third party whose carelessness caused the accident. This book is the bible on subrogating those claims. This book covers the nuts and bolts of auto subrogation in all 50 states, covering every topic imaginable -- including PIP, Med Pay, UM/UIM, property claims, deductible reimbursement, no-fault subrogation and more. It surveys the laws of every state and provides descriptions of every type of auto coverage imaginable, as well as the statutory, case law, and regulatory authority governing every aspect of auto subrogation. If you have subrogation responsibility involving auto claims, you need this book. It universally covers issues which are indelibly interwoven into the business of auto insurance, including a complete treatment of the laws of all 50 states and the District of Columbia relating to: • Basic and Statutory Subrogation Rights • Mandatory vs. Optional Insurance Coverage • No-Fault Laws, PIP, Mini-Torts, and Loss Transfer Laws • Tort Limitations • Medical Payments Coverage and Subrogation • Uninsured/Underinsured Motorist Coverage and Subrogation • Collision/Property Subrogation • Release of Tortfeasor by Insured • Accord and Satisfaction: Accepting Partial Payments from Tortfeasor • Made Whole Doctrine • Common Fund Doctrine • Economic Loss Doctrine • Deductible Recovery and Reimbursement • Collateral Source Rule • Contributory Negligence/Comparative Fault • Seat Belt Laws and Defenses • Rental Cars, Loaner Vehicles, and Test Drivers • Bailment/Parking Lot Liability • Negligent Entrustment • Facing Multiple Claims In Excess of Liability Policy Limits • Conflict of Laws/Interstate Subrogation • Recovery of Attorney’s Fees and Costs • Statutes of Limitations It is a complete treatment -- A to Z -- of virtually every issue which the insurance claims or subrogation professional will face in the area of automobile insurance. It is like no legal treatise ever written and promises to be the most used reference in any insurance company.
Download or read book ERISA Litigation written by and published by . This book was released on 2009 with total page 740 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :American Bar Association. House of Delegates Publisher :American Bar Association ISBN 13 :9781590318737 Total Pages :216 pages Book Rating :4.3/5 (187 download)
Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Book Synopsis Third-Party Interests Handbook (3rd Ed. 2024) by : Geoffrey Trachtenberg
Download or read book Third-Party Interests Handbook (3rd Ed. 2024) written by Geoffrey Trachtenberg and published by Geoff Trachtenberg. This book was released on 2024-09-06 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: Updated through 2024, the TPI Handbook is a comprehensive treatise on Arizona state and federal third-party recovery rights. The Handbook is written by experienced and knowledgeable attorneys to assist others in handling personal injury and wrongful death claims, covering significant areas of state and federal law implicating liens, subrogation rights, reimbursement rights, and other third-party interests. The Handbook provides a detailed analysis of these types of claims, examining the proper scope, limitations, and opportunities to eliminate or reduce third-party interests. The Handbook also addresses various legal and ethical obligations of attorneys handling these matters. https://tpihandbook.com/
Book Synopsis ERISA: A Comprehensive Guide, 7th Edition by : Ferenczy, Cohen
Download or read book ERISA: A Comprehensive Guide, 7th Edition written by Ferenczy, Cohen and published by Wolters Kluwer Law & Business. This book was released on 2021-11-07 with total page 1218 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Seventh Edition of ERISA: A Comprehensive Guide provides a thorough and authoritative analysis of the principal statutory provisions of the Employee Retirement Income Security Act of 1974 (ERISA) and the corresponding provisions of the Internal Revenue Code (Code) dealing with employee benefits. It also discusses and explains the multitude of regulations, rulings, and interpretations issued by the Department of the Treasury, the Internal Revenue Service, the Department of Labor, and the Pension Benefit Guaranty Corporation in explanation of ERISA; the Code provisions relating to the requirements for tax-qualified retirement plans; and the subsequent legislation amending or supplementing ERISA and such Code provisions. Cited by the Supreme Court, ERISA: A Comprehensive Guide discusses and explains the multitude of regulations, rulings, and interpretations issued by the Department of the Treasury, the Internal Revenue Service, the Department of Labor, and the Pension Benefit Guaranty Corporation in explanation of ERISA and the subsequent legislation amending or supplementing ERISA. ERISA: A Comprehensive Guide offers benefits professionals in-depth, timely coverage of significant developments, case law, and rulemaking in the past year: Legislative and regulatory activity continues to keep all pension professionals alert and busy. During the period 2020-2021, additional guidance was released clarifying the provisions of the Setting Every Community Up for Retirement Enhancement (SECURE) Act and the Coronavirus Aid, Relief, and Economic Security (CARES) Act. Defined benefit plan sponsors got some relief in the American Rescue Plan Act (ARPA) during 2021 Relief provided under the ARPA of 2021 allowed for the use of interest rate stabilization provided certain disclosures are met and funding shortfall amortization options The IRS released an update to the Employee Plans Compliance Resolution System under Revenue Procedure 2021-30. Changes included enhancements of the self-correction program, the modification of overpayment corrections, and the replacement of anonymous Voluntary Correction Program filings with anonymous presubmission conferences The DOL issued guidance for fiduciaries regarding the importance of safeguarding participant data using vigorous cybersecurity protocols, and lawsuits provided further direction for proper fiduciary oversight Analysis of the recent court decisions regarding the use of arbitration to resolve disputes Discussion of the impact of state established programs, such as CalSavers, and the court's position that such programs are not preempted nor do they interfere with ERISA's core purposes Discussion of the additional benefits ARPA had on distressed multiemployer retirement plans Impact of ARPA on COBRA notice disclosure requirements Analysis of the reversal of National Labor Relation Board decisions by the new administration and the updated decisions coming from the Democrat-controlled Board
Book Synopsis ERISA: A Comprehensive Guide, 6th Edition by : Ferenczy, Cohen
Download or read book ERISA: A Comprehensive Guide, 6th Edition written by Ferenczy, Cohen and published by Wolters Kluwer Law & Business. This book was released on 2020-12-02 with total page 1298 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Sixth Edition of ERISA: A Comprehensive Guide provides a thorough and authoritative analysis of the principal statutory provisions of the Employee Retirement Income Security Act of 1974 (ERISA) and the corresponding provisions of the Internal Revenue Code (Code) dealing with employee benefits. It also discusses and explains the multitude of regulations, rulings, and interpretations issued by the Department of the Treasury, the Internal Revenue Service, the Department of Labor, and the Pension Benefit Guaranty Corporation in explanation of ERISA; the Code provisions relating to the requirements for tax-qualified retirement plans; and the subsequent legislation amending or supplementing ERISA and such Code provisions. Cited by the Supreme Court, ERISA: A Comprehensive Guide discusses and explains the multitude of regulations, rulings, and interpretations issued by the Department of the Treasury, the Internal Revenue Service, the Department of Labor, and the Pension Benefit Guaranty Corporation in explanation of ERISA and the subsequent legislation amending or supplementing ERISA. ERISA: A Comprehensive Guide has been updated to include: The Setting Every Community Up for Retirement Enhancement (SECURE) Act of 2019 and the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020 Discussion of improvements in the ability for plan sponsors to take advantage of electronic disclosure opportunities for participant notices and disclosures. Updates to fiduciary duties and best practices based on litigation outcomes Analysis of the rising role of arbitration in the resolution of disputes between plan sponsors and participants Discussion of COBRA notice requirements due to COVID-19, pursuant to CARES Act Discussion of the impact of COVID-19 on union contracts and multiemployer plans Impact of CARES Act on bankruptcy filings and procedures
Author :United States. Congress. House. Committee on Education and the Workforce. Subcommittee on Employer-Employee Relations Publisher : ISBN 13 : Total Pages :162 pages Book Rating :4.0/5 ( download)
Book Synopsis ERISA, a Quarter Century of Providing Workers Health Insurance by : United States. Congress. House. Committee on Education and the Workforce. Subcommittee on Employer-Employee Relations
Download or read book ERISA, a Quarter Century of Providing Workers Health Insurance written by United States. Congress. House. Committee on Education and the Workforce. Subcommittee on Employer-Employee Relations and published by . This book was released on 1999 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Insurance Class Actions in the United States by : Nicholas M. Pace
Download or read book Insurance Class Actions in the United States written by Nicholas M. Pace and published by Rand Corporation. This book was released on 2007-05-18 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: Class actions, which are civil cases in which parties initiate a lawsuit on behalf of other plaintiffs not specifically named in the complaint, often make headlines and arouse policy debates. However, policymakers and the public know little about most class actions. This book presents the results of surveys of insurers and of state departments of insurance to learn more about class litigation against insurance companies.
Book Synopsis COBRA Handbook, 2019 Edition by : Golub, Chevlowe (Proskauer Rose)
Download or read book COBRA Handbook, 2019 Edition written by Golub, Chevlowe (Proskauer Rose) and published by Wolters Kluwer. This book was released on 2018-10-11 with total page 602 pages. Available in PDF, EPUB and Kindle. Book excerpt: COBRA Handbook is designed for benefits professionals, plan administrators, employers, service providers, fiduciaries, attorneys, and others who must deal with the complexities of the COBRA. This practical handbook simplifies the complexity of handling COBRA. It is designed for benefits professionals, plan administrators, employers, service providers, fiduciaries, attorneys, and others who must solve COBRA issues and stay in compliance. The handbook reviews in detail the rules contained in the IRS and DOL regulations and offers guidance on how to comply with the various rules contained in the regulations. The 2019 Edition reviews significant legal developments in the COBRA arena since the publication of the prior edition and discusses new judicial decisions issued during the past year. Highlights include updated and extensive discussions of the following issues: What types of employee benefit plans are subject to COBRA Under what circumstances a COBRA qualifying event occurs What constitutes termination due to "gross misconduct" for COBRA purposes How a plan administrator can ensure compliance with COBRA's notification requirements, and what type of documentation should be retained Under what circumstances a plan must notify an individual of the termination of his or her COBRA coverage And much more! COBRA Handbook also reviews in detail the rules contained in the IRS and DOL regulations and offers guidance on how to comply with the various rules contained in the regulations. In addition, COBRA Handbook includes the following features to help employers, other plan sponsors, administrators, and consultants in administrating and complying with this complicated and continuously developing area of the law: Examples illustrating important concepts Practice Pointers to help benefits professionals comply with COBRA Detailed case citations and notes to help the reader quickly locate relevant portions of the law, regulations, administrative releases, and supporting judicial decisions The full text of the DOL and IRS Final COBRA Regulations, model COBRA notices, and sample COBRA provisions for inclusion in a purchase agreement A glossary containing definitions of the key terms and abbreviations used in the book A table of cases at the end of the book providing full citations to relevant judicial decisions, as well as chapter and section references for each case discussed A table of COBRA cases grouped by issue A detailed subject index Previous Edition: COBRA Handbook, 2018 Edition ISBN 9781454884361
Book Synopsis BNA Pension & Benefits Reporter by :
Download or read book BNA Pension & Benefits Reporter written by and published by . This book was released on 2006-07 with total page 1466 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis West's federal reporter : cases argued and determined in the United States courts of appeals and Temporary Emergency Court of Appeals by :
Download or read book West's federal reporter : cases argued and determined in the United States courts of appeals and Temporary Emergency Court of Appeals written by and published by . This book was released on 1993 with total page 1842 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Employment and Health Benefits by : Institute of Medicine
Download or read book Employment and Health Benefits written by Institute of Medicine and published by National Academies Press. This book was released on 1993-02-01 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States is unique among economically advanced nations in its reliance on employers to provide health benefits voluntarily for workers and their families. Although it is well known that this system fails to reach millions of these individuals as well as others who have no connection to the work place, the system has other weaknesses. It also has many advantages. Because most proposals for health care reform assume some continued role for employers, this book makes an important contribution by describing the strength and limitations of the current system of employment-based health benefits. It provides the data and analysis needed to understand the historical, social, and economic dynamics that have shaped present-day arrangements and outlines what might be done to overcome some of the access, value, and equity problems associated with current employer, insurer, and government policies and practices. Health insurance terminology is often perplexing, and this volume defines essential concepts clearly and carefully. Using an array of primary sources, it provides a store of information on who is covered for what services at what costs, on how programs vary by employer size and industry, and on what governments doâ€"and do not doâ€"to oversee employment-based health programs. A case study adapted from real organizations' experiences illustrates some of the practical challenges in designing, managing, and revising benefit programs. The sometimes unintended and unwanted consequences of employer practices for workers and health care providers are explored. Understanding the concepts of risk, biased risk selection, and risk segmentation is fundamental to sound health care reform. This volume thoroughly examines these key concepts and how they complicate efforts to achieve efficiency and equity in health coverage and health care. With health care reform at the forefront of public attention, this volume will be important to policymakers and regulators, employee benefit managers and other executives, trade associations, and decisionmakers in the health insurance industry, as well as analysts, researchers, and students of health policy.
Book Synopsis COBRA Handbook, 2016 Edition by : I.M. Golub
Download or read book COBRA Handbook, 2016 Edition written by I.M. Golub and published by Wolters Kluwer. This book was released on 2015-11-12 with total page 598 pages. Available in PDF, EPUB and Kindle. Book excerpt: COBRA Handbook is designed for benefits professionals, plan administrators, employers, service providers, fiduciaries, attorneys, and others who must deal with the complexities of the COBRA. This practical handbook simplifies the complexity of handling COBRA. It is designed for benefits professionals, plan administrators, employers, service providers, fiduciaries, attorneys, and others who must solve COBRA issues and stay in compliance. The handbook reviews in detail the rules contained in the IRS and DOL regulations and offers guidance on how to comply with the various rules contained in the regulations. The 2016 Edition reviews significant legal developments in the COBRA arena since the publication of the prior edition and discusses new judicial decisions issued during the past year. Highlights include updated and extensive discussions of the following issues: What types of employee benefit plans are subject to COBRA Under what circumstances a COBRA qualifying event occurs What constitutes termination due to "gross misconduct" for COBRA purposes How a plan administrator can ensure compliance with COBRA's notification requirements, and what type of documentation should be retained Under what circumstances a plan must notify an individual of the termination of his or her COBRA coverage And much more! COBRA Handbook also reviews in detail the rules contained in the IRS and DOL regulations and offers guidance on how to comply with the various rules contained in the regulations. In addition, COBRA Handbook includes the following features to help employers, other plan sponsors,administrators, and consultants in administrating and complying with this complicated and continuously developing area of the law: Examples illustrating important concepts Practice Pointers to help benefits professionals comply with COBRA Detailed case citations and notes to help the reader quickly locate relevant portions of the law, regulations, administrative releases, and supporting judicial decisions The full text of the DOL and IRS Final COBRA Regulations, model COBRA notices, and sample COBRA provisions for inclusion in a purchase agreement A glossary containing definitions of the key terms and abbreviations used in the book A table of cases at the end of the book providing full citations to relevant judicial decisions, as well as chapter and section references for each case discussed A table of COBRA cases grouped by issue A detailed subject index
Author :Golub, Chevlowe (Proskauer Rose) Publisher :Wolters Kluwer Law & Business ISBN 13 :1543824609 Total Pages :620 pages Book Rating :4.5/5 (438 download)
Book Synopsis COBRA Handbook, 2021 Edition by : Golub, Chevlowe (Proskauer Rose)
Download or read book COBRA Handbook, 2021 Edition written by Golub, Chevlowe (Proskauer Rose) and published by Wolters Kluwer Law & Business. This book was released on 2020-12-11 with total page 620 pages. Available in PDF, EPUB and Kindle. Book excerpt: COBRA Handbook provides health plan sponsors, administrators, service providers, fiduciaries, attorneys, and other benefits professionals with comprehensive, up-to-date coverage of the complex issues involved in complying with the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA). In addition to detailed guidance and commentary, COBRA Handbook includes examples, model language, and references to relevant statutory, regulatory, and case law. The 2021 Edition of COBRA Handbook includes updated case law and discussions regarding the following issues: DOL and IRS guidance extending various COBRA deadlines due to the COVID-19 pandemic COBRA's notification requirements, including the content of the required notices Relief for COBRA violations Which entities may be held liable for COBRA violations "Standing" to bring a lawsuit for a COBRA violation Preemption of state law claims premised on COBRA violations Note: Online subscriptions are for three-month periods. Previous Edition: COBRA Handbook, 2020 Edition ISBN 9781543810929
Book Synopsis COBRA Handbook, 2020 Edition (IL) by : Golub, Chevlowe (Proskauer Rose)
Download or read book COBRA Handbook, 2020 Edition (IL) written by Golub, Chevlowe (Proskauer Rose) and published by Wolters Kluwer. This book was released on 2019-12-11 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: COBRA Handbook is designed for benefits professionals, plan administrators, employers, service providers, fiduciaries, attorneys, and others who must deal with the complexities of the COBRA. This practical handbook simplifies the complexity of handling COBRA. It is designed for benefits professionals, plan administrators, employers, service providers, fiduciaries, attorneys, and others who must solve COBRA issues and stay in compliance. The handbook reviews in detail the rules contained in the IRS and DOL regulations and offers guidance on how to comply with the various rules contained in the regulations. The 2020 Edition reviews significant legal developments in the COBRA arena since the publication of the prior edition and discusses new judicial decisions issued during the past year. Highlights include updated and extensive discussions of the following issues: What types of employee benefit plans are subject to COBRA Under what circumstances a COBRA qualifying event occurs What constitutes termination due to "gross misconduct" for COBRA purposes How a plan administrator can ensure compliance with COBRA's notification requirements, and what type of documentation should be retained Under what circumstances a plan must notify an individual of the termination of his or her COBRA coverage And much more! COBRA Handbook also reviews in detail the rules contained in the IRS and DOL regulations and offers guidance on how to comply with the various rules contained in the regulations. In addition, COBRA Handbook includes the following features to help employers, other plan sponsors, administrators, and consultants in administrating and complying with this complicated and continuously developing area of the law: Examples illustrating important concepts Practice Pointers to help benefits professionals comply with COBRA Detailed case citations and notes to help the reader quickly locate relevant portions of the law, regulations, administrative releases, and supporting judicial decisions The full text of the DOL and IRS Final COBRA Regulations, model COBRA notices, and sample COBRA provisions for inclusion in a purchase agreement A glossary containing definitions of the key terms and abbreviations used in the book A table of cases at the end of the book providing full citations to relevant judicial decisions, as well as chapter and section references for each case discussed A table of COBRA cases grouped by issue A detailed subject index Previous Edition: COBRA Handbook, 2019 Edition ISBN 9781454889908
