Employment law; the ADA and health insurance
Article Abstract:
Challenges based on the Americans with Disabilities Act to health and long-term disability insurance policies that provide different levels of benefits for different disabilities are discussed. The EEOC's position is that using this practice with health insurance policies may violate the ADA. The effects of the Mental Health Parity Act are also discussed.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 2000
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Posner proposes ERISA plan 'safe harbor' language; judge acts as drafter to give presumption of correctness to administrators' decisions
Article Abstract:
Case law dealing with the denial of employee benefit claims stating when judges owe a plan administrator deference under the 'abuse of discretion' standard of review and when they can substitute their own judgment. Employee benefit plans subject to the Employee Retirement Income Security Act (ERISA) are discussed.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 2001
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- Abstracts: A CGL is not sole source of Y2K coverage; corporations may be able to recover their millennium-bug remediation costs under their property insurance policies as well
- Abstracts: Appeals ruling is hidden hand for Microsoft; a D.C. Circuit decision could dictate the outcome of the vital antitrust trial
- Abstracts: Protection of data under HIPAA is still volatile issue; rules proposed under Health Insurance Portability and Accountability Act trouble both privacy advocates and the industry