0 Visit www.wr177healthcare.com or call 855-215-2039 . This site has been established for you to view Life Claims and 1095-B Forms. 19-8783, 2021 WL 3661326, at *5 (D.N.J. Routine exams are covered for just a flat $10 copay when you visit a participating provider. JavaScript is disabled. Welcome to the Teamsters Western Region & Local 177 Health Care Plan! 6-1 at 8.) There is too much abuse with people getting scripts from multiple dr's and the opiode epidemic. For additional website materials, please return to, Google Chrome, Mozilla Firefox, Microsoft Edge, Apple Safari, Opera. Medicare is the primary and the balance is covered by retiree coverage. v. Aetna, Inc., 774 Fed.Appx. If you are employed by any of the following, you have health insurance through the Western Teamsters Welfare Trust: https://myteamcare.org/ups/freightMembers/index.html, Page Last Updated: Mar 16, 2018 (15:38:51), Business Representative's Scheduled Visits, TEAMSTERS LOCAL483 |225 N 16th St., Ste 112|BOISE, ID 83702|. 6-1 at 11.) What is Teamster Rank & File Education and Legal Defense Foundation (TRF)? However, Sanchez alleges that his religious . 2008)), but simply confers on the agent the authority to act on behalf of the principal,' id. If you are covered under the Utah-IdahoGroup BenefitsPlan, you must call Group Benefit Administrators at 801-972-1177 or 1-800-657-5377 for inquiries and insurance claims. Plaintiff's claim, therefore, is dismissed. No. at 455. 2022 Teamsters joint Council 42 Scholarship . 1132(e). The authority to act on behalf of the principal' is the primary issue at hand in this matter. . (No. 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. 25 0 obj <>/Filter/FlateDecode/ID[<357122659A1A8330000C20F5F06FEFDC>]/Index[9 28]/Info 8 0 R/Length 88/Prev 564712/Root 10 0 R/Size 37/Type/XRef/W[1 2 1]>>stream 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. d-M}@Es^=[lTkK!w)kkIEH[)5/(h* Vno}Zo5/ @ Any amended pleading must be filed within thirty (30) days. Plaintiffs shall have an opportunity to amend the Complaint, assuming Plaintiff can cure the defects identified herein. about $15 for a doctor visit. 1Xw[A`5G]Yoo}}C6{S. -->a.mXh-Xo#u5y5'V>` @ 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. 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. 2015))). You already receive all suggested Justia Opinion Summary Newsletters. Dr. Tainsh, however, is not seeking to collect monies owed on Mr. Hutchins' behalf; Mr. Hutchins does not owe Dr. Tainsh monies. Routine exams are covered for just a flat $10 copay when you visit a participating provider. HWKoFWl4!h]8"zzI[E]J|HJ:t12l4[%6i)L)?&++aSk The Complaint does not specify to which provider the payment was submitted. Signed by Judge Susan D. Wigenton on 4/10/2023. Co. v. Deloitte & Touche LLP, 549 F.3d 100, 108 (2d Cir. However, the tenet that a court must accept as true all of the allegations contained in a complaint is inapplicable to legal conclusions. For additional website materials, please return to www.wr177healthcare.com 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. It includes information on benefits but has no information on the diversion of negotiated money from your pension to fund the health plan. 19-10735, 2020 WL 491258, at *2 (D.N.J. 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. 1132(g)(1), which provides that the [C]ourt in its discretion may allow a reasonable attorney's fee and costs of action to either party. This Court declines to exercise such discretion at this time and denies Defendant's request to impose such fees and costs, without prejudice. 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. I. 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. Hutchins v. Teamsters W. Region & Local 177 Health Care Plan, Civil Action 22-04583 (SDW) (MAH) (D.N.J. 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. Registration is open for the 2023 TDU Convention, November 3-5 in Chicago. The Package Division is the unions largest division, serving hundreds of thousands of members throughout North America. You can find it http://www.wr177healthcare.com. Court Description: OPINION. Teamster Safety and Health. at 12.) Teamsters Western Region and Local 177 Healthcare Plan. Apr. 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. They pay 80% and the 20 % we pay is what is left over after a write off. 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. 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 . (D.E. I have been on Medicare since mid 2017. of Allegheny, 515 F.3d 224, 231 (3d Cir. (quoting Complaint of Bankers Tr. 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. Retirees in our local have to purchase Part B (hospital) and Part D. I believe some Western Conferences continue some of their health benefits. Their address is 2323 Eastlake Avenue East, Seattle, Washington 98102. 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. 36 0 obj <>stream Mark Davison is a third-generation trade unionist. 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. United States District Court, D. New Jersey. 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. My spouse has an Ambien script and it's a pain. Download the UPS Teamsters App from the App Store Package Division 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. You are using an out of date browser. 25, 2022). 10, 2023). Protecting your eyesight is easy with the Plans Vision Plan. Feb. 23, 2021) (same). ! Full title:JOSEPH HUTCHINS, by his attorney in fact CYNTHIA TAINSH, under a power of, Court:United States District Court, D. New Jersey. Visit Website. In Tamburrino, M.D., et al. 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.) %%EOF I was So Cal too and yet my health insurance comes from the UPS and not the Teamsters. 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. (dam) Download PDF of 9 Teamsters Western Region & Local 177 Retirees. 2004)); see also Phillips v. Cnty. ~:Lz?XsPOkndU=qd|wdA\WM=/_k# v&58iSsG' VISIT WEBSITE Northwest Administrators You can find it http://www.wr177healthcare.com. Retirees. 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. Teamsters Western Region & Local 177 Health Care Plan. An appropriate order follows. VISIT WEBSITE Labor Alliance Managed Trest Fund Visit the Labor Alliance Managed Trust Fund website for more information on your health plan. UPS is the single largest employer in the Teamsters Union. Sign up or login now to get instant access to claims, explanation of benefits, and more! For the foregoing reasons, Defendants' Motion to Dismiss is GRANTED without prejudice. Visit Website. "I attended a UPS contract workshop that TDU held for members of my local. 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. 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. 2:2022cv04583 - Document 16 (D.N.J. dbG0- Slow, less stable, much more vulnerable to viruses, spyware, malware, and prone to other security issues. Login. Visit www.vsp.com to find a provider in your area. 13.) Slow, less stable, much more vulnerable to viruses, spyware, malware, and prone to other security issues! 2112766, 2022 WL 1213467, at *3 (D.N.J. 1 Modified Date: 12/9/2022 Loading, please wait. (Id. Vision benefits are available once every 12 months for you and your covered dependents. Make your practice more effective and efficient with Casetexts legal research suite. Get free summaries of new District of New Jersey US Federal District Court opinions delivered to your inbox! 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. 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 . * Please make sure to use the latest browser version. 2009) (discussing the Iqbal standard). endstream endobj startxref 2023 TDU Convention, Nov. 3-5, IBT to Yellow: No Contract Re-opener Without Economic Improvements. L{L|f7ZddM~ This Court has jurisdiction pursuant to 29 U.S.C. Action to Enforce a Plan Benefit Pursuant to U.S.C. (dam). endstream endobj 13 0 obj <>stream Liab. v. Horizon Healthcare Servs., Inc., No. Please contact them for more information. On August 3, 2021, Defendant paid $579.23 to the IONM provider-an out[-]of[-]network provider-for the IONM services. Visit Website. 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. The UPS contract is the largest private collective bargaining agreement in North America. 14 at 5.) 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. 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. If you are already retired or plan on retiring before January 1, 2014, your retiree benefits will continue to be provided by UPS. Eleven patients were covered under the Teamsters Western Region & Local 177 Health Care Plan ("Teamsters Plan"). 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. Teamsters Western Region and Local 177 Health Care Plan Filing 52 Teamsters Western Region and Local 177 Health Care Plan, No. 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)). hb``c``2g`` 20-05479, 2021 WL 689113, at *3 (D.N.J. 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. 1-1 at 3.) Univ. (Id. If Mr. Hutchins does not owe any balance of the bill, Dr. Tainsh cannot recover anything on his behalf. 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 . 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. 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. Litig. This Rule requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do. . We called the teamsters benefit trust for norcal and found out that we have to purchase part b . A. He has negotiated and enforced strong contracts in every Local 162 represented industry. %PDF-1.4 % See link under "Important Links". 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. [xh3p7;,o$k *8dEQG}.o/36_# r74w:pg{/+va~C4>,x+R:t_it!)9ixUejxsN=UDN?98Cl v. Aetna, Inc., 801 F.3d 369, 371 n.3 (3d Cir. 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. See link under "Important Links". at 454-55 (quoting W.R. Huff Asset Mgmt. Our health insurance since retired is from Retirees benefit trust from the union i guess. J We got critical information about the contract campaign and how we could get involved. International Brotherhood of Teamsters on Twitter, International Brotherhood of Teamsters on Facebook, International Brotherhood of Teamsters on YouTube, International Brotherhood of Teamsters on Instagram, Justice For Sanitation Workers at Republic/Allied Waste, Virginia is For Lovers and Organized Labor. hbbd``b`~ A $v Aq !.$ @B{$;H Z d$,fc`$x;@ Q$ One patient was covered _,EL#.Rb@@L#E? 2002)). it has to be approved every month. 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. November 2, 2013: The Western Region and Local 177 UPS health care website is up. Llame a nuestras lneas de servicio al cliente para asistencia o inicie sesin en el Portal. 6-1) the Complaint filed by Plaintiff Joseph Hutchins, by his attorney in fact Cynthia Tainsh, (Dr. Id. 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. 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 et al Filing 16 HUTCHINS v. TEAMSTERS WESTERN REGION AND LOCAL 177 HEALTH CARE PLAN et al, No. she told us we could buy a part D for prescriptions but asked why? 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[] . Western region and local 177 health care is the name of the plan. UPS part-time employees. 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). Labor Alliance Managed Trust Fund . 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. D.E. endstream endobj 10 0 obj <> endobj 11 0 obj <>/Font<>/ProcSet[/PDF/Text/ImageC]/Properties<>/XObject<>>>/Rotate 0/TrimBox[0 0 612 792]/Type/Page/u2pMat[1 0 0 -1 0 792]/xb1 0/xb2 612/xt1 0/xt2 612/yb1 0/yb2 792/yt1 0/yt2 792>> endobj 12 0 obj <>stream 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. 2016)). Teamsters Western Region & Local 177 - Retirees Home -Welcome to the Teamsters Western Region and Local 177 Health Care Plan! This site has been established for you to view Life Claims and 1095-B Forms. In this circumstance, however, any financial claim and recovery Dr. Tainsh achieves will not benefit Mr. Hutchins. 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. Davison was elected as a Local 162 Business Agent in 2003 and President in 2009.