. Teamsters Western Region & Local 177 Health Care Plan For your convenience we have designed the entire site to be mobile friendly, great for when you need information right away! It contains the same info as the website. Id. You can find it http://www.wr177healthcare.com. The UPS contract is the largest private collective bargaining agreement in North America. Id. 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. Upon graduation from Portland State University in 2000, he was hired by Teamsters Joint Council 37 as a representative. . Any amended pleading must be filed within thirty (30) days. Over-the-counter test kits. SANCHEZ v. TEAMSTERS WESTERN REGION & LOCAL 177 HEALTH CARE PLAN _,EL#.Rb@@L#E? 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. 8(a)(2). However, the tenet that a court must accept as true all of the allegations contained in a complaint is inapplicable to legal conclusions. 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. 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. During this time, Davison also served as editor of theOregon Teamster. Spine Ctr. 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. Co. v. Deloitte & Touche LLP, 549 F.3d 100, 108 (2d Cir. Teamsters Western Region & Local 177 Health Care Plan.Privacy Policy|Sitemap, Google Chrome, Mozilla Firefox, Microsoft Edge, Apple Safari, Opera. Plaintiffs shall have an opportunity to amend the Complaint, assuming Plaintiff can cure the defects identified herein. The division is responsible for ensuring that management abides by the UPS Master Agreement. I believe that retiree medical coverage is renewed with each new contract approval. HUTCHINS v. TEAMSTERS WESTERN REGION AND LOCAL 177 HEALTH CARE PLAN et Id. )4aur Before this Court is Defendant Teamsters Western Region and Local 177 Healthcare Plan's ('Defendant") Motion to Dismiss (D.E. 2002)). All states will probably follow Cali's lead. Before this Court is Defendant Teamsters Western Region and Local 177 Healthcare Plan's (Defendant) Motion to Dismiss (D.E. (No. 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. 36 0 obj <>stream 2016)). at 12.) The Complaint does not specify what party submitted the claim. 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. 2023 TDU Convention, Nov. 3-5, IBT to Yellow: No Contract Re-opener Without Economic Improvements. . hb``c``2g`` Determining whether the allegations in a complaint are plausible is a context-specific task that requires the reviewing court to draw on its judicial experience and common sense. Iqbal, 556 U.S. at 679 (citation omitted). Their address is 2323 Eastlake Avenue East, Seattle, Washington 98102. VISIT WEBSITE Labor Alliance Managed Trest Fund Visit the Labor Alliance Managed Trust Fund website for more information on your health plan. 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. Vision benefits are available once every 12 months for you and your covered dependents. (dam) Download PDF of 9 It includes information on benefits but has no information on the diversion of negotiated money from your pension to fund the health plan. 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. VI), 822 F.3d 125, 133 (3d Cir. I have been on Medicare since mid 2017. 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. Make your practice more effective and efficient with Casetexts legal research suite. Teamsters Western Region and Local 177 Health Care Plan Filing 52 Teamsters Western Region and Local 177 Health Care Plan, No. page numbers referenced throughout this Opinion reference the filing page numbers, not each document's original page number. 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. *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$,e4SgZVv1NBo>}'~ " C!*l8!l@uN! As an independent Third Party Administrator "TPA" specializing in labor-management, Taft-Hartley Fund Administration, we are pleased to provide our SSAPortal offering access 24/7 for: Google Chrome, Mozilla Firefox, Microsoft Edge, Apple Safari, Opera. Jan. 29, 2020) (dismissing for lack of ERISA standing claims brought by healthcare provider pursuant to a power of attorney even though complaint caption stated healthcare provider was proceeding as an attorney in fact); see also O'Brien v. Aetna, Inc., No. hmO0?q$P%Z(0Q(/L4R]4(Ms?w, XH,%OCss81q\\,Ts-~AZ c' bC$sLx|Y.84Pw088)09 Co., 752 F.2d 874, 881 (3d Cir. Teamsters Western Region & Local 177 | Benefits | Vision There is too much abuse with people getting scripts from multiple dr's and the opiode epidemic. Apr. at 454. 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. A. Slow, less stable, much more vulnerable to viruses, spyware, malware, and prone to other security issues! This site has been established for you to view Life Claims and 1095-B Forms. On March 22, 2022, Davison was sworn in as Western Region Vice President of the International Brotherhood of Teamsters and appointed Western Region Package Director. 1-1 at 2.) JavaScript is disabled. Action to Enforce a Plan Benefit Pursuant to U.S.C. As it was under the UPS Company Plan, your vision coverage is provided through the Vision Service Plan (VSP) network. Western Conf. calls for UPS Teamsters to learn more about the Teamsters Western Region & Local 177 Health Care Plan. at 454-55 (quoting W.R. Huff Asset Mgmt. 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. This Court addresses each issue in turn. Llame a nuestras lneas de servicio al cliente para asistencia o inicie sesin en el Portal. 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))). International Brotherhood of Teamsters on Twitter, International Brotherhood of Teamsters on Facebook, International Brotherhood of Teamsters on YouTube, International Brotherhood of Teamsters on Instagram, Download the UPS Teamsters App from Google Play, Download the UPS Teamsters App from the App Store, Teamsters Western Region & Local 177 Health Care Plan, Teamsters Tell UPS: Make Movement on Our Members Issues Now, Supplemental Talks Move to D.C. as Teamsters Call Out UPS for Stalling Regional Negotiations, UPS Teamsters Rally for a Strong Contract in Southern California, Justice For Sanitation Workers at Republic/Allied Waste, Virginia is For Lovers and Organized Labor. . For the foregoing reasons, Defendants' Motion to Dismiss is GRANTED without prejudice. Plaintiff does not dispute that the insurance plan at issue has a valid anti-assignment clause. 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. Litig. PO Box 10128 | Detroit, MI 48210 | (313) 842-2600 | [emailprotected], Teamsters Rank and File Education and Legal Defense Foundation, PO Box 10303 | Detroit, MI 48210 | (313) 842-2615 | [emailprotected], Copyright 2015 | All Rights Reserved. Teamsters Western Region & Local 177 | important-provider-changes-2020. 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. 1Xw[A`5G]Yoo}}C6{S. -->a.mXh-Xo#u5y5'V>` @ (Id. D.E. * Please make sure to use the latest browser version. 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). (D.E. PDF Teamsters Western Region & Local 177 Health Care Plan Conference Calls Be P` Ky.are Slow, less stable, much more vulnerable to viruses, spyware, malware, and prone to other security issues! 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. Medicare Questions And Teamster Retiree Health Benefits. The provider thereafter sought to obtain the balance of the procedure cost, $32,281.47, and by August 11, 2021 exhausted the applicable administrative appeal procedures with Defendant. 2%4tV cJ)d#P#{n`\"070.=s7{vABxdnqlvZ+7*e",j^LX4^sy6)6Y'[JQ+s^ UFPw26-UnDg.p]=SgaTG 72zD{1V/os>v6W}?&cCwfix1)frnPMBzy; Mark Davison - International Brotherhood of Teamsters When considering a Motion to Dismiss under Rule 12(b)(6), a court must accept all factual allegations as true, construe the complaint in the light most favorable to the plaintiff, and determine whether, under any reasonable reading of the complaint, the plaintiff may be entitled to relief. Phillips, 515 F.3d at 231 (quoting Pinker v. Roche Holdings, Ltd., 292 F.3d 361, 374 n.7 (3d Cir. (Id. 2015))). 2112766, 2022 WL 1213467, at *3 (D.N.J. endstream endobj 10 0 obj <> endobj 11 0 obj <>/Font<>/ProcSet[/PDF/Text/ImageC]/Properties<>/XObject<>>>/Rotate 0/TrimBox[0 0 612 792]/Type/Page/u2pMat[1 0 0 -1 0 792]/xb1 0/xb2 612/xt1 0/xt2 612/yb1 0/yb2 792/yt1 0/yt2 792>> endobj 12 0 obj <>stream 2:2022cv04583 - Document 16 (D.N.J. %%EOF HW]%G }>2r>\j$ Y$^]$6Hi=},k3 "I attended a UPS contract workshop that TDU held for members of my local. 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 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.) 14 at 4, 6.) 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 . 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. November 2, 2013: The Western Region and Local 177 UPS health care website is up. it has to be approved every month. 2018). Registration is open for the 2023 TDU Convention, November 3-5 in Chicago. 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. You can explore additional available newsletters here. Southwest Service Administrators, Inc. 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 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. UPS part-time employees. Dr. Tainsh, however, is not seeking to collect monies owed on Mr. Hutchins' behalf; Mr. Hutchins does not owe Dr. Tainsh monies. He also serves as an International Western Region Package Division Representative. v. Aetna, Inc., 801 F.3d 369, 371 n.3 (3d Cir. For a better experience, please enable JavaScript in your browser before proceeding. we pay $75 each per month for healthcare which is pretty good. 2022 Teamsters joint Council 42 Scholarship . 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. See link under "Important Links". United States District Court, D. New Jersey. We got critical information about the contract campaign and how we could get involved. Retirees in our local have to purchase Part B (hospital) and Part D. I believe some Western Conferences continue some of their health benefits. 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. November 2, 2013: The Western Region and Local 177 UPS health care website is up. 2008)), but simply confers on the agent the authority to act on behalf of the principal,' id. Slow, less stable, much more vulnerable to viruses, spyware, malware, and prone to other security issues. -Welcome to the Teamsters Western Region and Local 177 Health Care Plan! Visit www.vsp.com to find a provider in your area. If Mr. Hutchins does not owe any balance of the bill, Dr. Tainsh cannot recover anything on his behalf. Gregory Sanchez v. Teamsters Western Region and Local 177 Health Care
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