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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 ERISA Overpayment Appeals And Anti-Fraud Services Announced For Healthcare Providers Through ERISA Appeals And Anti-Fraud Compliance 02-08-2010, Hanover Park, IL

In Light of Increasing Frivolous And Debilitating Overpayment Refund Demand From Payers, ERISAclaim.com Announced The Nation’s First ERISA Overpayment Appeals and Anti-Fraud Services to Help Healthcare Providers to Effectively Appeal All Alleged Overpayment Denials in Essence of Retrospective Benefits Denials and Increase Fraud and Abuse Prevention ‘Compliance, As Federal Law ERISA Governs All Denials of Benefits From ERISA Plans and Prohibits Fraudulent Interference with ERISA Rights

Hanover Park, IL (PRWEB) Feb. 08, 2010 – ERISAclaim.com announced nation’s first ERISA overpayment appeals and anti-fraud services to help healthcare providers battling and appealing endless and frivolous alleged overpayment refund demand and withholdings from payers. Sometimes, these overpayment refund demands are under the color of anti-fraud initiatives, when in essence the alleged overpayment demands are purely retrospective or retroactive benefits denials under ERISA, by payers without any compliance of federal law. ERISA mandates all both self-insured and fully-insured health plans for 180 days for a claimant to file an appeal for full and fair reviews under ERISA for any denied claims, adverse benefits determination, any plan payment after refund is less than 100% of the claims submitted originally. Federal Law, ERISA, prohibits any fraudulent interference by anyone with ERISA rights in overpayment disputes. ERISAclaim.com also promotes education and compliance for fraud and abuse prevention for healthcare providers and payers equally.

 

“While it is positive and necessary for all payers and the government to fight against any and all fraudulent claims by any healthcare providers, suppliers and patients, as President Obama outlined last month in his State of the Union Address, the majority of healthcare providers are honest and dedicated to healthcare delivery and compliance. Failure to recognize the clear difference between a criminal act in healthcare fraud and pure health benefits claim disputes will backfire on the real antifraud initiative and destroy U.S. healthcare system ultimately. A fraudulent payer, TPA or PPO operator, who fraudulently deprived hard working Americans off legitimate benefits by violating ERISA, is equally or more dangerous than a fraudulent healthcare provider to U.S. economy and healthcare system.” said Dr. Jin Zhou, the President of ERISAclaim.com, a national expert in ERISA compliance and fraud and abuse prevention.

 

Under the name of the legitimate antifraud campaign, many innocent healthcare providers, large or small, are faced with disrupting and debilitating overpayment refund demand or harassment by noncompliant payers and TPA’s when the overpayment refund demands are purely ERISA retrospective claim denials in absence of any fraud or abuse. Due to the lack of ERISA knowledge and professional representation, many providers are going through financial and emotional heart attacks, in turn, their patients have to suffer from the same nightmares, as witnessed by Dr. Jin Zhou from his clients in the past 10 years.

 

According to Dr. Jin Zhou, U.S. Supreme has repeated ruled that ERISA governs any and all benefits claim disputes and lawsuits brought to remedy only the denial of benefits under ERISA-regulated benefit plans, and ERISA completely pre-empts any and all state laws for only denial of benefits from ERISA plans prospectively or retrospectively. Federal ERISA law, 29 U.S.C. § 1141, prohibits any deceptive and fraudulent interference for the purpose of interfering with or preventing the exercise of any right to which a claimant is or may become entitled under the plan. As same as provided for Medicare overpayment appeals process, ERISA provides very specific appeals process for all denied claims, adverse benefits determination, both prospectively and retrospectively.

 

As repeatedly observed by Dr. Jin Zhou, a provider’s failure to timely appeal or respond to the payer’s overpayment demand will most likely result in automatic withholding, denials of the provider’s future claims, and /or all future claims subject to pre-payment reviews, and possibly referrals to the federal and state regulatory and law enforcement agencies, and professional license board for investigation and punitive actions, if indicated, correctly or incorrectly deemed by a payer.

 

ERISAclaim.com’s ERISA Overpayment Appeals and Anti-Fraud Services will assist healthcare providers, on-site or off-site, with ERISA assessment of the overpayment refund demand (retrospective EOB), CCI compliance, PPO Medical Policy and Documentation compliance as well as the assessment of potential provider claim risks. ERISAclaim.com will assist providers with timely appeals, based on the correct and truthful facts of the claims, ERISA claim regulation, relevant plan coverage documents and plan Summary Plan Description (SPD). ERISAclaim.com will also provide specific education on healthcare fraud and abuse prevention, Corporate Compliance Initiative in billing, coding and documentation, as a compliance and risk management for healthcare providers. When necessary, ERISAclaim.com will refer to the healthcare attorneys of the client choices for further professional guidance and representations, in addition to the litigation support services provided by ERISAclaim.com.com. The costs for these ERISA Appeals and Fraud Prevention Services will depend upon the nature and size of the overpayment refund demands and claims.

 

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 healthcare providers 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 healthcare providers and prevent working American family from bankruptcies as a result of unpaid medical bills, and to minimize revenue cycle outsourcing dilemmas for healthcare providers already in financial respiratory failures.

 

For more information, please visit http://www.erisaclaim.com/overpayment_refund.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 Links:

 

Lexology - Notes on the National Summit on Health Care Fraud

Reed Smith LLP, USA

 

February 1 2010

"Last week, in my capacity as president of the American Health Lawyers Association, I attended the first National Summit on Health Care Fraud, a joint undertaking by the U.S. Department of Health and Human Services and the U.S. Department of Justice. The conference brought together private sector leaders, law enforcement personnel, and health care experts as part of the Obama Administration’s coordinated effort to fight health care fraud. This was the first national gathering on health care fraud between law enforcement and the private and public sectors."  

STOP Medicare Fraud - U.S. Department of Health & Human Services and U.S. Department of Justice (http://www.stopmedicarefraud.gov)

"National Summit on Health Care Fraud

U.S. Department of Health and Human Services Secretary Kathleen Sebelius and Attorney General Eric Holder convened a “National Summit on Health Care Fraud” on Thursday January 28, to bring together leaders from the public and private sectors to identify and discuss innovative ways to eliminate fraud, waste and abuse in the U.S. health care system. The National Summit is the latest initiative of the Health Care Fraud Prevention & Enforcement Action Team (HEAT)."

 

bullet Agenda
bullet Read Event Blog
bullet Press Release
bullet Archived Webcast of Morning Session
bullet Archived Webcast of Evening Session
(You will need realplayer to view the webcasts. Realplayer is available for a free download at
http://www.real.com/realplayer?rppr=fed.)
bullet Remarks of Secretary Sebelius
bullet Remarks of Attorney General Holder
bullet Remarks of Deputy Secretary Corr
bullet Remarks of Acting Deputy Attorney General Grindler
bullet Turning Up the HEAT on Health Care Fraud
bullet President’s Budget Make Fraud Fighting a Top Priority

 

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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