we pay $75 each per month for healthcare which is pretty good. 2016)). This Court addresses each issue in turn. Visit www.vsp.com to find a provider in your area. For additional website materials, please return to, Google Chrome, Mozilla Firefox, Microsoft Edge, Apple Safari, Opera. 2112766, 2022 WL 1213467, at *3 (D.N.J. 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. Eleven patients were covered under the Teamsters Western Region & Local 177 Health Care Plan ("Teamsters Plan"). Retirees in our local have to purchase Part B (hospital) and Part D. I believe some Western Conferences continue some of their health benefits. Protecting your eyesight is easy with the Plans Vision Plan. Our health benefits terminate when you turn 65, but spouse remains until that person turns 65. For a better experience, please enable JavaScript in your browser before proceeding. 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). 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. If you are covered under the Western Teamsters Welfare Trust (WTWT), you must call Northwest Administrators at 800-932-4790 for Eligibility or 1-800-872-5439 for claim inquiries. 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. We're very proud of the exceptional benefits program we offer to our members and their families. The Complaint does not specify to which provider the payment was submitted. (dam) Download PDF of 9 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. * Please make sure to use the latest browser version. 2009) (discussing the Iqbal standard). 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. Register today and get ready to build union power with Teamsters from across the country. Teamsters Western Region & Local 177 Retirees. He also serves as an International Western Region Package Division Representative. The calls will take place at the following times: Thursday, May 8, 8pm eastern (Local 177 Teleforum) Thursday, May 8, 7pm western (Western Region HC Teleforum) Wednesday, May 21, 8pm eastern (Local 177 Teleforum) 2015))). 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. JavaScript is disabled. These documents are also available, in searchable format, on the UPS Rising app, available on Google Play and the App Store. Aug. 18, 2021), the weight of authority suggests that suit must be brought in the patient's name. During this time, Davison also served as editor of theOregon Teamster. we pay $75 each per month for healthcare which is pretty good. In addition to the above government sponsored program, the Teamsters Western Region & Local 177 Retiree Health Care Plan also now provides coverage for COVID-19 test kits. Feb. 23, 2021) (same). The IBT Freight Division has told Yellow the contract will not be reopened unless the company agrees that all items will be on the table and there will tangible economic benefits for members. 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. The UPS contract is the largest private collective bargaining agreement in North America. 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. Visit Website. 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 Our health insurance since retired is from Retirees benefit trust from the union i guess. This Court has jurisdiction pursuant to 29 U.S.C. 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. It's designed to be convenient, comprehensive, and above allto provide high quality care. If Dr. Tainsh were acting to benefit Mr. Hutchins in some way, the POA could have effect, as in cited instances in Am. Teamsters Western Region & Local 177 - Retirees Home -Welcome to the Teamsters Western Region and Local 177 Health Care Plan! 19-10735, 2020 WL 491258, at *2 (D.N.J. 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. 1-1 at 3.) 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 This Court found, alternatively, that even if the power of attorney were a valid instrument, the provider would not have ERISA standing [b]ecause [a]n attorney in fact cannot litigate on their own behalf and for their own benefit. Id. Please contact them for more information. calls for UPS Teamsters to learn more about the Teamsters Western Region & Local 177 Health Care Plan. 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. 2023 TDU Convention, Nov. 3-5, IBT to Yellow: No Contract Re-opener Without Economic Improvements. I joined TDU because TDU gives rank-and-file Teamsters information and organization to build a stronger union.". . the Western Region of Teamsters Negotiating Committee Co-Chairs having the power to impose an immediate resolution with an appropriate remedy. 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. Vision benefits are available once every 12 months for you and your covered dependents. It includes information on benefits but has no information on the diversion of negotiated money from your pension to fund the health plan. (Id. Related Posts Headline News Teamsters Tell UPS: Make Movement on Our Members' Issues Now 2023.04.17 . . 0 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. 6-1) the Complaint filed by Plaintiff Joseph Hutchins, by his attorney in fact Cynthia Tainsh, (Dr. page numbers referenced throughout this Opinion reference the filing page numbers, not each document's original page number. Co. v. Deloitte & Touche LLP, 549 F.3d 100, 108 (2d Cir. we have a $5 pay for 90 prescriptions so we will just keep that. Visit www.vsp.com to find a provider in your area. 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. Defendant further requests an award of attorney's fees pursuant to ERISA. Id. 2002)). Welcome to the Teamsters Western Region & Local 177 Health Care Plan! I pay $200 a month to the teamsters out of Phoenix which oversees the health care plan. 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. 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. Get free summaries of new District of New Jersey US Federal District Court opinions delivered to your inbox! Litig. As Western Region Vice President, he has vowed to provide members with a new type of leadership that represents different views, perspectives and approaches in order to tackle the unions challenges. 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. 5:2016cv02083 - Document 52 (C.D. In Tamburrino, M.D., et al. It includes information on benefits but has no information on the diversion of negotiated money from your pension to fund the health plan. (No. Before this Court is Defendant Teamsters Western Region and Local 177 Healthcare Plan's ('Defendant") Motion to Dismiss (D.E. What is Teamster Rank & File Education and Legal Defense Foundation (TRF)? In American Orthopedic & Sports Medicine v. Independence Blue Cross Blue Shield, the Third Circuit held that anti-assignment clauses in ERISA-governed health insurance plans as a general matter are enforceable. 890 F.3d 445, 453 (3d Cir. 2008)), but simply confers on the agent the authority to act on behalf of the principal,' id. 2023) Court Description: OPINION. I. Court Description: OPINION. Teamsters Western Region and Local 177 Health Care Plan Filing 52 Teamsters Western Region and Local 177 Health Care Plan, No. It may not display this or other websites correctly. 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. Plaintiff does not dispute that the insurance plan at issue has a valid anti-assignment clause. 1984)). (D.E. J#(&.$?+k!VLM]h>i/b,?_i!. Signed by Judge Susan D. Wigenton on 4/10/2023. that the pleader is entitled to relief as required by Rule 8(a)(2). 1 7-10; D.E. The Complaint does not specify what party submitted the claim. ~:Lz?XsPOkndU=qd|wdA\WM=/_k# v&58iSsG' 1132(a)(1)(b). she told us we could buy a part D for prescriptions but asked why? I believe that true in California as well. Our health insurance since retired is from Retirees benefit trust from the union i guess. is properly filed under Rule 12(b)(6). hmO0?q$P%Z(0Q(/L4R]4(Ms?w, XH,%OCss81q\\,Ts-~AZ c' bC$sLx|Y.84Pw088)09 Registration is open for the 2023 TDU Convention, November 3-5 in Chicago. it has to be approved every month. Id. Co., 752 F.2d at 881). 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[] . Their address is 2621 South 3270 West, Salt Lake City, Utah 84119. I was So Cal too and yet my health insurance comes from the UPS and not the Teamsters. at 454-55 (quoting W.R. Huff Asset Mgmt. 15-02595, 2021 WL 2549343, at *6 (D.N.J. 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. 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. . )4aur 14 at 4, 6.) 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). 1 Modified Date: 12/9/2022 Loading, please wait. 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.) $>f:~wYrer. This Rule requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do. 8(a)(2). 15.). N-y@! J%W{wLjZ$+xPnwR(|*p+l*tyx s!"5xw_Cf3'fonhQzd: #uy6y& 6-)*m#*FC!q-H3 dy (D.E. 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. . Co., 752 F.2d 874, 881 (3d Cir. 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. You can find it http://www.wr177healthcare.com. Your key to your question on this part "Do we lose our Teamster Retiree health plan when we turn 65 and are enrolled in Medicare?". The power of attorney in that matter effectively transferred the patient's interest in recovery to the provider, so that the provider could pursue the claims as if they were his own, which this Court found violated the anti-assignment provision of the ERISA plan. 14 at 13.) Visit www.wr177healthcare.com or call 855-215-2039 . Slow, less stable, much more vulnerable to viruses, spyware, malware, and prone to other security issues! 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. Teamsters Western Region & Local 177 | important-provider-changes-2020. Davison was elected as a Local 162 Business Agent in 2003 and President in 2009. (Id. Download our Teamsters Local 396 phone application to access useful tools and get the latest information from your Local Union. You will have to check with your local. A power of attorney does not transfer an ownership interest in the claim,' id. We got critical information about the contract campaign and how we could get involved. 14 at 5.) Action to Enforce a Plan Benefit Pursuant to U.S.C. You can find it http://www.wr177healthcare.com. Login here. Y2)V?_v!,:Ma4@5l3Q 5Y See link under "Important Links". 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. 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. 2018). Their address is 2323 Eastlake Avenue East, Seattle, Washington 98102. d-M}@Es^=[lTkK!w)kkIEH[)5/(h* Vno}Zo5/ @ Signed by Judge Susan D. Wigenton on 4/10/2023. 9 0 obj <> endobj "I attended a UPS contract workshop that TDU held for members of my local. 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. Support TDU Women's Leadership Development, Registration Now Open! and $5 is our co=pay for prescriptions. 19-8783, 2021 WL 3661326, at *5 (D.N.J. Western region and local 177 health care is the name of the plan. You already receive all suggested Justia Opinion Summary Newsletters. I have been on Medicare since mid 2017. Dr. Tainsh, however, is not seeking to collect monies owed on Mr. Hutchins' behalf; Mr. Hutchins does not owe Dr. Tainsh monies. However, Sanchez alleges that his religious . 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|. One patient was covered 890 F.3d at 453 (noting examples in which a power of attorney may assist patients experiencing short-term incapacitation after medical procedures, deployed service members, or patients suffering from progressive conditions). Apr. 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. Cal. Full title:JOSEPH HUTCHINS, by his attorney in fact CYNTHIA TAINSH, under a power of, Court:United States District Court, D. New Jersey. ! L{L|f7ZddM~ For the foregoing reasons, Defendants' Motion to Dismiss is GRANTED without prejudice. They pay 80% and the 20 % we pay is what is left over after a write off. -Welcome to the Teamsters Western Region and Local 177 Health Care Plan! Teamster Safety and Health. An appropriate order follows. dbG0- 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. Plaintiff's claim, therefore, is dismissed. The Package Division is the unions largest division, serving hundreds of thousands of members throughout North America. Mark Davison is a third-generation trade unionist. Univ. Defendant requests that this Court award attorneys' fees and costs for this Motion, pursuant to 29 U.S.C. UPS part-time employees. 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. 2004)); see also Phillips v. Cnty. Teamsters Western Region & Local 177 Health Care Plan.Privacy Policy|Sitemap, Google Chrome, Mozilla Firefox, Microsoft Edge, Apple Safari, Opera. 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. Download the UPS Teamsters App from the App Store Package Division Resources. hb``c``2g`` 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. Vision benefits are available once every 12 months for you and your covered dependents. Visit Website. [xh3p7;,o$k *8dEQG}.o/36_# r74w:pg{/+va~C4>,x+R:t_it!)9ixUejxsN=UDN?98Cl 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. However, the tenet that a court must accept as true all of the allegations contained in a complaint is inapplicable to legal conclusions. 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 . %%EOF Package Division Organization Chart . VISIT WEBSITE Northwest Administrators hbbd``b`~ A $v Aq !.$ @B{$;H Z d$,fc`$x;@ Q$ and $5 is our co=pay for prescriptions. 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. Be P` Ky.are 10, 2023). If Mr. Hutchins does not owe any balance of the bill, Dr. Tainsh cannot recover anything on his behalf. 1-1 at 2.) 2:2022cv04583 - Document 16 (D.N.J. See link under "Important Links". You are using an out of date browser. 6-1 at 11.) Retirees. June 21, 2021) (Plaintiffs also cannot establish ERISA standing by asserting a POA, because they are litigating in their own names, not on behalf of their patients.). Medicare becomes primary and our teamster health benefits are secondary. VISIT WEBSITE Labor Alliance Managed Trest Fund Visit the Labor Alliance Managed Trust Fund website for more information on your health 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. 6-1 at 8.) 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)). Before this Court is Defendant Teamsters Western Region and Local 177 Healthcare Plan's (Defendant) Motion to Dismiss (D.E. Medicare is the primary and the balance is covered by retiree coverage. 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. HWKoFWl4!h]8"zzI[E]J|HJ:t12l4[%6i)L)?&++aSk One really needs to educate oneself on what Medicare pays for and how often. Sign up for our free summaries and get the latest delivered directly to you. Spine Ctr. Teamsters Western Region & Local 177 Health Care Plan. 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. For your convenience we have designed the entire site to be mobile friendly, great for when you need information right away! We called the teamsters benefit trust for norcal and found out that we have to purchase part b . 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. My spouse has an Ambien script and it's a pain. Walk-In Hours Mon-Fri 7:30am-4:30pm 5251 Green Street, Suite 200 Murray, UT 84123-2995 UT-ID Teamsters - 855-292-7954 All other UT/NV Health Funds: 801-266-3256 toll free: 800-345-3248 Pension Funds: 801-266-3271 toll free: 800-453-4584 Business Hours Mon-Fri 8:30am-5:00pm Walk-In Hours Mon-Fri 8:30am-4:30pm 2425 N Central Expy, Suite 120 Over-the-counter test kits. Llame a nuestras lneas de servicio al cliente para asistencia o inicie sesin en el Portal. D.E. The division represents UPS package car drivers, air drivers, feeder drivers, part-time loaders, unloaders, sorters, clerks and mechanics. %PDF-1.4 % v. Aetna, Inc., 774 Fed.Appx. You're all set! The authority to act on behalf of the principal' is the primary issue at hand in this matter. 1132(e). I believe that retiree medical coverage is renewed with each new contract approval. This site is protected by reCAPTCHA and the Google, District of New Jersey US Federal District Court, HUTCHINS v. TEAMSTERS WESTERN REGION AND LOCAL 177 HEALTH CARE PLAN et al. November 2, 2013: The Western Region and Local 177 UPS health care website is up.

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