Medicare - substitute HMO's - reimbursement from other insurance
Article Abstract:
The Sixth Circuit Court of Appeals in its ruling in the Care Choices HMO v. Engstrom has said that the HMO must sue in the state court for its contractual right to reimbursement. It may not sue in the federal court under the federal statue that merely allows it to provide for reimbursement in their policies. Elizabeth Engstrom suffered serious injuries when she slipped and fell in a supermarket. The HMO sought to recoup its compensation amount from the amount received by Engstrom from the supermarket.
Publication Name: Benefits Quarterly
Subject: Human resources and labor relations
ISSN: 8756-1263
Year: 2004
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Supreme court review: FMLA - Money damages against states
Article Abstract:
The Supreme Court has upheld the authority of congress to enact remedial legislations clarifying regarding the gender-based discrimination alleged by William Hibbs, a state government employee in Nevada Department of Human resources et. Al. v. Hibbs et. al. under The Family and Medical Leave Act of 1993 (FMLA). The case related to termination of Hibbs services.
Publication Name: Benefits Quarterly
Subject: Human resources and labor relations
ISSN: 8756-1263
Year: 2004
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Supreme court review: "any willing provider" laws not preempted be Employee Retirement Income Security Act (ERISA)
Article Abstract:
The Supreme Court has ruled in the case of Kentucky Association of Health Plans, Inc., et. al. v. Miller, Commissioner, Kentucky Department of Insurance that "Any willing provider" laws are not preempted by Employee Retirement Income Security Act (ERISA).
Publication Name: Benefits Quarterly
Subject: Human resources and labor relations
ISSN: 8756-1263
Year: 2004
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