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Moukawsher & Walsh, LLC
Pension and Employee Benefit Law

Benefitlawyers.com

 
 

Pomerantz Haudek Block Grossman & Gross LLP ("PHBG&G")

ERISA and Healthcare-Related Class Actions

 
 
 
 
 

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Photo of President Gerald R. Ford signing Employee Retirement Income Security Act of 1974

President Obama Signing Health Bill

on 03/23/2010

President Gerald R. Ford Signing ERISA on 09/02/1974

President Obama Signed Healthcare Reform Legislation Into the Law

to Revamp Healthcare Reimbursement Laws for

All Group Health Plans and Health Care Providers

ERISA Appeals Regulations Are Mandatory for

All Group Health Plans & Healthcare Providers

 

 

ERISAclaim.com Press Release

 

FOR IMMEDIATE RELEASE:

 

The New Hospital ERISA Appeals Department Program Announced for Hospital In-House Denial Management and Financial Crisis Turnaround  02-08-2010, Hanover Park, IL

For The First Time In U.S. Health Care History, ERISAclaim.com Announced The Nation’s First Hospital ERISA Appeal Department Program To Provide Hospital With A Turn-Key Set-Up Training For The In-House ERISA Appeals Department To Combat Commercial Managed Care Denials, Overpayment Recoupment Crisis, And Revenue Cycle Outsourcing Dilemmas For Hospital Survival, And ERISA Compliance, In Wake Of The Latest AHA Report Of More Than $36 Billion Hospital Uncompensated Care Cost
 

Hanover Park, IL (PRWEB) Feb. 08, 2010 – ERISAclaim.com announced nation’s first Hospital ERISA Appeals Department Training Program to provide 5,815 hospitals with real emergency resuscitations in revenue cycle, in the wake of latest Nov. 2009 American Hospital Association Report that uncompensated hospital care costs reached more than $36 billions in 2008, and more than 60% of the hospitals lose money providing patient care and one-third lose money overall. In 2010, all hospitals are facing Medicare payment cuts, unconscionable managed-care contracting with poor reimbursement, and more uninsured care costs as well as endless alleged overpayment refunds withholdings and Medicare RAC paybacks.

 

ERISAclaim.com’s Hospital ERISA Appeals Department Training Program is a turn-key emergency resuscitation service for all hospitals to set up an ERISA fully compliant Appeals Department, with on-site training of in-house Certified ERISA Claim Specialists, without any traveling for hospital staff, enhanced with short and long term live support from ERISAclaim.com for hospital commercial and managed care claims denials and appeals process. The ERISA Appeals Department Setup process can be started in weeks and completed in about 30 days, at a price of even one of recovered hospital claims.

 

ERISA, Employee Retirement and Income Security Act of 1974, is a federal law, enacted by Congress in 1974. ERISA Appeals Practice are statutory and regulatory for denied ERISA claims for 80-90% of non-Medicare and Medicaid claims for about 170 million Americans, governing both self-insured and fully-insured health plans, said Dr. Jin Zhou, the President of ERISAclaim.com, a national leading expert in ERISA Appeals.

 

ERISA is the only federal law for 35 years, governing hospital revenue cycle and financial incomes from commercial employment based hospital claims, according to a unanimous U.S. Supreme Court in Aetna v. Davila. All state laws and managed care contracts are completely pre-empted by federal law ERISA if impermissibly connected ERISA plans. Among 5,815 registered hospitals in the U.S., there has not been a single one hospital with fully compliant ERISA Appeals Department, even after the ERISA appeals and compliance warnings were given to the hospitals for 35 years on every insurance claim denial EOB (Explanation Of Benefits), in every managed care contract and insurance company’s Medical Policy, in every class action settlement agreement and every federal court ruling for ERISA claim disputes, especially a unanimous U.S. Supreme court. More than 80-90 percent of non-Medicare and Medicaid claims are ERISA claims in USA.

 

“It doesn’t take a hospital CFO or biller to ask Albert Einstein if a hospital should do ERISA appeals,  when ERISA appeals are mandatory under the federal laws for 35 years and every EOB of denied claims has given you ERISA Miranda’s Right to appeal at bottom or back page of the EOB’s”, according to Dr. Zhou.

 

“If ERISA Appeal is statutory and regulatory, it is a mandate for any one who wanted to get paid by an ERISA plan, according to U.S. Supreme Court in Aetna v. Davila in 2004. No one needs to ask around if a hospital should do ERISA as a personal choice when ERISA is a federal law mandate”, as explained by Dr. Zhou.

 

Dr. Zhou also reiterated that ERISA claim regulation is only 7-pages long in the Federal Register, for 35 years, hospital industry has never paid correct and serious attentions to or take any proper actions to understand this 7-page federal law while going through bankruptcies for some, and writing off tens of billions of dollars of ERISA claim denials in the more than $36 billion uncompensated hospital care costs for 60% of 5,815 hospitals, as reported by AHA in Nov. 2009.

 

In recent Obama Healthcare Reform legislation, both House and Senate Bills have adopted ERISA claim regulation, in its entirety, the 35 year old ERISA law and the “established process”, for about 170 million Americans with employment based health insurance, as the new mandate for all group health plans for proposed new universal health care for additional 30 million uninsured Americans. Regardless of any passing of Healthcare Reform Bills, every hospital must take immediate actions in established ERISA appeals process for 35 years to secure a hospital’s financial survival, as advised by Dr. Zhou.

 

ERISAclaim.com’s Hospital ERISA Appeals Department program starts at $50,000 for up to 5 ERISA Claim Specialists Certification training and 30-day live phone and Webinar supports. Each additional ERISA Claim Specialist costs additional $8,500. An additional six-month support starts at $50,000 and one-year support at $100,000 for ERISA Appeals Department with trained ERISA Claim Specialists.

 

ERISAclaim.com also provides ERISA Claim Specialist Certification Training Classes for non-institutional providers in major U.S. cities.

 

In the past 10 years in USA, ERISAclaim.com has been the only ERISA Specialized Company offering the most practical and comprehensive ERISA education, consulting and publishing services for healthcare providers in administrative ERISA appeals for real problem oriented denials under the most mysterious 35-year-old federal law, ERISA. Dr. Jin Zhou, the president of ERISAclaim.com has been referred to as “the Godfather of ERISA Claims” for providers in the healthcare industry.

 

ERISAclaim.com is dedicated to helping hospitals with compliant ERISA appeals to get paid legally, for what the working class Americans and their families are legally entitled to under federal law ERISA and health plan provisions, to eliminate billions of dollars in uncompensated care costs for hospitals and prevent working American family from bankruptcies as a result of unpaid medical bills, and to minimize revenue cycle outsourcing dilemmas for hospitals already in financial respiratory failures.

 

For more information, please visit http://www.erisaclaim.com/Appeal_Department.htm, or contact Dr. Jin Zhou, president of ERISAclaim.com, at 630-808-7237.

 

###

 Contract:

Jin Zhou, President

ERISAclaim.com

Tel: 630-808-7237 (Mobile)

Tel: 630-736-2974 (Office)

Fax: 630-736-1439

E-mail: ERISAclaim@aol.com

website: http://www.ERISAclaim.com

 

Related Press Release links:

 

The New 2010 Obama Healthcare Reimbursement Law Webinars Announced As ERISA Appeals Procedures Now Mandatory for All Group Health Plans and Healthcare Providers  01-04-2010, Hanover Park, IL

 

Free Overpayment Webinar Announced For Self-insured Health Plans To Get Immediate Relief from New $1 Trillion Overpayment Recoupment Embezzlement Market 11-23-2009, Hanover Park, IL

 

New Healthcare Overpayment Recoupment Embezzlement Recovery Service Announced In Wake Of Launch of New Federal Task Force To Combat Healthcare Fraud Crisis 11-19-2009, Hanover Park, IL

 

The New Healthcare Reform Bill Passed by The Congress Prompted The New Claim Specialist Certification Class from ERISAclaim.com 11-9-2009, Hanover Park, IL

 

ERISAclaim.com Announced The Nation's First Embezzlement Recovery Services for Large ERISA Health Plans from the $6 Trillion Healthcare Denial Management Market 10-23-2009, Hanover Park, IL

 

ERISAclaim.com Announced Free ERISA Webinar for Healthcare Overpayment Dispute and Claim Denials in Response to Increasing High Demand from the $6 Trillion Healthcare Denial Management Market  10-19-2009, Hanover Park, IL

 

ERISAclaim.com Announced the Expansion of Its ERISA Litigation Support For the Healthcare Claims In Response to Increasing High Demand from the $6 Trillion Healthcare Denial Management Market. 10-19-2009, Hanover Park, IL

 

ERISAclaim.com Announced 2010 ERISA Seminars for Healthcare Overpayment and Claim Denial Appeals for the $6 Trillion Healthcare Denial Management Market. 10-14-2009, Hanover Park, IL

 

ERISAclaim.com Announced the Nation's First Certification Program for the ERISA Claim Appeal Specialist for Healthcare Providers and Managed-Care Payers, 10-13-2009, Hanover Park, IL

 

 

 

 

Interactive Side-By-Side Health Reform Comparison Tool of Major Proposals (Kaiser Family Foundation)

Excerpt: "The Foundation has updated its health reform resources to reflect provisions of the Affordable Health Care for America Act (HR 3962) as passed on Saturday by the U.S. House of Representatives."

Information updated 03/26/2010

bullet

Summary of Final Health Care Reform Law (.pdf)

Download a printable comparison of the new health reform law (the Patient Protection and Affordable Care Act), the House-passed Health Care and Education Reconciliation Act of 2010, and last year's House-passed bill (.pdf)
Download a printable version of the three Congressional authorizing committee proposals (.pdf)
Download a printable side-by-side comparison of all proposals and topics (.pdf)

 
 

 

ERISA & Claim Denials

Aetna Video Shows ERISA Patients Mistreated

 

"According to the video, when faced with claims for identical medical problems, Aetna separates the claims where no damages are available - those subject to the federal Employee Retirement Income Security Act, or ERISA - from non-ERISA claims, where consumers can sue.1 2"

 

ERISA & Health Claim
What Is ERISA and How Does It Affect Patient Rights?

 

"ERISA was enacted in 1974 to protect the pension and welfare benefits that employers provide their workers. It currently covers about 2.5 million health plans and 125 million workers, retirees, and dependents."

 

Department of Labor

 
"A group health plan is an employee welfare benefit plan established or maintained by an employer or by an employee organization (such as a union), or both, that provides medical care for participants or their dependents directly or through insurance, reimbursement, or otherwise.

Most private sector health plans are covered by the

 Employee Retirement Income Security Act (ERISA). Among other things, ERISA provides protections for participants and beneficiaries in employee benefit plans (participant rights), including providing access to plan information. Also, those individuals who manage plans (and other fiduciaries) must meet certain standards of conduct under the fiduciary responsibilities specified in the law."

 

 

$10,600 ERISA Claim

Recent Federal Court Ruling in a Case with $10,600 medical claim, insurance Co. refused to pay, provider made numerous demand for payment in almost one year, but no appeals filed, the court dismissed the lawsuit because provider failed to exhaust administrative remedy, as required under ERISA, by filing ERISAclaim appeals.  This situation is so popular in health-care community.

 

 

 

 

Agree to terms and conditions

"Each benefit plan defines which services are covered, which are excluded, and which are subject to dollar caps or other limits. Members and their providers will need to consult the member's benefit plan to determine if there are any exclusions or other benefit limitations applicable to this service or supply."

 

CIGNA - Coverage Positions/Criteria
"The terms of a participant's particular benefit plan document [Group Service Agreement (GSA), Evidence of Coverage, Certificate of Coverage, Summary Plan Description (SPD) or similar plan document] may differ significantly from the standard benefit plans upon which these Coverage Positions are based. If these Coverage Positions are inconsistent with the terms of the member's specific benefit plan, then the terms of the member's specific benefit plan always control."

 

UnitedHealthcare Medical Policies

"By clicking "I agree," you agree to be bound by the terms and conditions expressed below, in addition to our Site Use Agreement.

UnitedHealthcare medical policies have been made available to you as a general reference resource. When reading these policies you agree that:

Our Medical Policy is not your patient's Benefit Plan.

Your patient's medical benefits are governed and determined by a benefit document, either a Certificate of Coverage or a Summary Plan Description. You should not rely on the information contained in this Web site section to determine your patient's medical benefits.
 

  1. Federal and state mandates and the patient’s benefit document take precedence over these policies.

  2. The patient’s benefit document lists the specific services that have coverage limits or exclusions.


Our Medical Policy does not address every situation and individuals should always consult their physician before making any decisions on medical care."

 

 

 

Statutes (United States Code) 
ERISA - Title 29, Chapter 18. 

        Selected links:

Sec. 1002.
Definitions

Sec. 1003.
Coverage

Sec. 1022.
Summary plan description

Sec. 1027.

Retention of records
Sec. 1104.
Fiduciary duties

Sec.1106.

Prohibited transactions

Sec. 1140.
Interference with protected rights

Sec. 1141.
Coercive interference

part 7
group health plan requirements

 

 

Code of Federal Regulations

Codified in Title 29 of the Code of Federal Regulations:

Regulations

        Selected links:

2520.102-3 Contents of summary plan description.
2560.503-1 

Claims procedure.

 

 

   
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