For additional website materials, please return to, Google Chrome, Mozilla Firefox, Microsoft Edge, Apple Safari, Opera. 2022 Teamsters joint Council 42 Scholarship . 2002)). TeamCare Teamsters Western Region & Local 177 Health Care Plan Teamsters-UPS National 401(k) Plan Previous UPS Agreements. N-y@! J%W{wLjZ$+xPnwR(|*p+l*tyx s!"5xw_Cf3'fonhQzd: #uy6y& 6-)*m#*FC!q-H3 dy 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. These documents are also available, in searchable format, on the UPS Rising app, available on Google Play and the App Store. SANCHEZ v. TEAMSTERS WESTERN REGION & LOCAL 177 HEALTH CARE PLAN 6-1) the Complaint filed by Plaintiff Joseph Hutchins, by his attorney in fact Cynthia Tainsh, ("Dr. Tainsh" or "Plaintiff") for failure to state a claim upon which relief can be granted pursuant to Federal . Support TDU Women's Leadership Development, Registration Now Open! 2023 TDU Convention, Nov. 3-5, IBT to Yellow: No Contract Re-opener Without Economic Improvements. Their address is 2621 South 3270 West, Salt Lake City, Utah 84119. v. Aetna, Inc., 774 Fed.Appx. (No. You can find it http://www.wr177healthcare.com. at 454. Teamsters Western Region & Local 177 | Benefits | Vision JOSEPH HUTCHINS, by his attorney in fact CYNTHIA TAINSH, under a power of attorney, Plaintiffs, v. TEAMSTERS WESTERN REGION AND LOCAL 177 HEALTHCARE PLAN, et al., Defendants. I believe that true in California as well. A power of attorney does not transfer an ownership interest in the claim,' id. 1132(g)(1), which provides that the [C]ourt in its discretion may allow a reasonable attorney's fee and costs of action to either party. This Court declines to exercise such discretion at this time and denies Defendant's request to impose such fees and costs, without prejudice. 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. Hutchins v. Teamsters W. Region & Local 177 Health Care Plan 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. I was So Cal too and yet my health insurance comes from the UPS and not the Teamsters. Download the UPS Teamsters App from the App Store Package Division Resources. Register today and get ready to build union power with Teamsters from across the country. endstream endobj 13 0 obj <>stream Hutchins v. Teamsters W. Region & Local 177 Health Care Plan, Civil Action 22-04583 (SDW) (MAH) (D.N.J. This Rule requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do. Dr. Tainsh is not acting as an agent and is instead clearly representing her own interests in an obvious end-run around the anti-assignment provision of the ERISA plan. Court Description: OPINION. I joined TDU because TDU gives rank-and-file Teamsters information and organization to build a stronger union.". Litig. Our health benefits terminate when you turn 65, but spouse remains until that person turns 65. 2008)), but simply confers on the agent the authority to act on behalf of the principal,' id. hmO0?q$P%Z(0Q(/L4R]4(Ms?w, XH,%OCss81q\\,Ts-~AZ c' bC$sLx|Y.84Pw088)09 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|. 1132(a)(1)(b). we pay $75 each per month for healthcare which is pretty good. On June 24, 2021, a claim for $32,860.70, the cost of the IONM services, was submitted to Defendant and its Third-Party Administrator (TPA), Aetna, Inc. (Id. During this time, Davison also served as editor of theOregon Teamster. and $5 is our co=pay for prescriptions. 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. Teamsters Western Region & Local 177 | important-provider-changes-2020. 6-1 at 8.) One patient was covered On August 3, 2021, Defendant paid $579.23 to the IONM provider-an out[-]of[-]network provider-for the IONM services. I have to check with Blue Cross/Blue Shield of Arizona which handles the claims to see if Medicare doesn't cover something if the retiree plan would cover the claim. 19-8783, 2021 WL 3661326, at *5 (D.N.J. WESTERN TEAMSTERS WELFARE TRUST. 2016)). Co., 752 F.2d 874, 881 (3d Cir. Member Resources ' (quoting N. Jersey Brain & Spine Ctr. November 2, 2013: The Western Region and Local 177 UPS health care website is up. Vision benefits are available once every 12 months for you and your covered dependents. $>f:~wYrer. (quoting In re Complaint of Bankers Tr. 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. See link under "Important Links". 2004)); see also Phillips v. Cnty. 1 7-10; D.E. about $15 for a doctor visit. Upon graduation from Portland State University in 2000, he was hired by Teamsters Joint Council 37 as a representative. Their address is 2323 Eastlake Avenue East, Seattle, Washington 98102. He joined Local 162 in 1994 loading trucks at UPS and served as a steward. The division represents UPS package car drivers, air drivers, feeder drivers, part-time loaders, unloaders, sorters, clerks and mechanics. For additional website materials, please return to www.wr177healthcare.com Davison was elected as a Local 162 Business Agent in 2003 and President in 2009. 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. we have a $5 pay for 90 prescriptions so we will just keep that. ~:Lz?XsPOkndU=qd|wdA\WM=/_k# v&58iSsG' 2%4tV cJ)d#P#{n`\"070.=s7{vABxdnqlvZ+7*e",j^LX4^sy6)6Y'[JQ+s^ UFPw26-UnDg.p]=SgaTG 72zD{1V/os>v6W}?&cCwfix1)frnPMBzy; (D.E. is properly filed under Rule 12(b)(6). 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 May 23, 2022) (quoting In re Asbestos Prods. 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?". (Id. (dam). Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. The Complaint does not specify to which provider the payment was submitted. 8(a)(2). (D.E. Tainsh or Plaintiff) for failure to state a claim upon which relief can be granted pursuant to Federal Rule of Civil Procedure (Rule) 12(b)(6). 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. 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). 9 0 obj <> endobj However, Sanchez alleges that his religious . Orthopedic & Sports Med. 1 Modified Date: 12/9/2022 Loading, please wait. Welcome to the Teamsters Western Region & Local 177 Health Care Plan! Aug. 18, 2021), the weight of authority suggests that suit must be brought in the patient's name. 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). Western region and local 177 health care is the name of the plan. about $15 for a doctor visit. 2018). _,EL#.Rb@@L#E? 15-02595, 2021 WL 2549343, at *6 (D.N.J. Package Division Organization Chart . 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. 19-10735, 2020 WL 491258, at *2 (D.N.J. Registration is open for the 2023 TDU Convention, November 3-5 in Chicago. Southwest Service Administrators, Inc. As it was under the UPS Company Plan, your vision coverage is provided through the Vision Service Plan (VSP) network. You already receive all suggested Justia Opinion Summary Newsletters. It may not display this or other websites correctly. 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. I have been on Medicare since mid 2017. November 2, 2013: The Western Region and Local 177 UPS health care website is up. This site has been established for you to view Life Claims and 1095-B Forms. Get free summaries of new District of New Jersey US Federal District Court opinions delivered to your inbox! (Id. and $5 is our co=pay for prescriptions. You can explore additional available newsletters here. VI), 822 F.3d 125, 133 (3d Cir. she told us we could buy a part D for prescriptions but asked why? VISIT WEBSITE Northwest Administrators Visit the Teamsters Western Region and Local 177 Healthcare Plan website covering UPS Teamsters in the Western Region. Hutchins) underwent a complex cervical spine surgery performed at Morristown Memorial Hospital-an in-network provider-and received intraoperative neuromonitoring (IONM) services from Dr. Tainsh's medical group. Id. However, the tenet that a court must accept as true all of the allegations contained in a complaint is inapplicable to legal conclusions. 14 at 13.) United States District Court, D. New Jersey. J#(&.$?+k!VLM]h>i/b,?_i!. dbG0- The provider thereafter sought to obtain the balance of the procedure cost, $32,281.47, and by August 11, 2021 exhausted the applicable administrative appeal procedures with Defendant. 20-05479, 2021 WL 689113, at *3 (D.N.J. Visit www.vsp.com to find a provider in your area. International Brotherhood of Teamsters on Twitter, International Brotherhood of Teamsters on Facebook, International Brotherhood of Teamsters on YouTube, International Brotherhood of Teamsters on Instagram, Download the UPS Teamsters App from Google Play, Download the UPS Teamsters App from the App Store, Teamsters Western Region & Local 177 Health Care Plan, Teamsters Tell UPS: Make Movement on Our Members Issues Now, Supplemental Talks Move to D.C. as Teamsters Call Out UPS for Stalling Regional Negotiations, UPS Teamsters Rally for a Strong Contract in Southern California, Justice For Sanitation Workers at Republic/Allied Waste, Virginia is For Lovers and Organized Labor. . If you are already retired or plan on retiring before January 1, 2014, your retiree benefits will continue to be provided by UPS. . 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. I believe that retiree medical coverage is renewed with each new contract approval. 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. 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. 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. Gregory Sanchez v. Teamsters Western Region and Local 177 Health Care PDF Teamsters Western RegionTentative Agreement 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. The division is responsible for ensuring that management abides by the UPS Master Agreement. Vision benefits are available once every 12 months for you and your covered dependents. Western Region and Local 177 UPS Health Plan - Teamsters for a Id. Login here . Slow, less stable, much more vulnerable to viruses, spyware, malware, and prone to other security issues! This Court has jurisdiction pursuant to 29 U.S.C. PDF Teamsters Western Region & Local 177 Health Care Plan Conference Calls The Complaint does not specify what party submitted the claim. The authority to act on behalf of the principal' is the primary issue at hand in this matter. Mark Davison is a third-generation trade unionist. 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. 1984)). It's designed to be convenient, comprehensive, and above allto provide high quality care. Apr. 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). calls for UPS Teamsters to learn more about the Teamsters Western Region & Local 177 Health Care Plan. . Y2)V?_v!,:Ma4@5l3Q 5Y Factual allegations must be enough to raise a right to relief above the speculative level Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007) (citing 5 C. WRIGHT & A. MILLER, FEDERAL PRACTICE AND PROCEDURE 1216, 235-36 (3d ed. For your convenience we have designed the entire site to be mobile friendly, great for when you need information right away! 1-1 at 3.) Visit Website. UPS is the single largest employer in the Teamsters Union. Visit Website. endstream endobj 14 0 obj <>stream For a better experience, please enable JavaScript in your browser before proceeding. 6-1 at 11.) 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. Most supplements are different. [xh3p7;,o$k *8dEQG}.o/36_# r74w:pg{/+va~C4>,x+R:t_it!)9ixUejxsN=UDN?98Cl %%EOF 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. You can now lookup eligibility online for instant results! 60, 62 n.1 (3d Cir. 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 I retired out of So-Cal in 2015. Login here. Feb. 23, 2021) (same). JavaScript is disabled. Plaintiff does not dispute that the insurance plan at issue has a valid anti-assignment clause. Routine exams are covered for just a flat $10 copay when you visit a participating provider. Dr. Tainsh, however, is not seeking to collect monies owed on Mr. Hutchins' behalf; Mr. Hutchins does not owe Dr. Tainsh monies. Teamsters Western Region & Local 177 Health Care Plan Sign up or login now to get instant access to claims, explanation of benefits, and more! One really needs to educate oneself on what Medicare pays for and how often. endstream endobj startxref VISIT WEBSITE Labor Alliance Managed Trest Fund Visit the Labor Alliance Managed Trust Fund website for more information on your health plan. 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. Defendant astutely points out that Mr. Hutchins cannot be held liable or responsible for any debt related to this service and purportedly owed to Dr. Tainsh or her medical practice because the NJNSA preclude[s] a healthcare provider from balance-billing a patient absent certain protections afforded under the [N]NSA]. (D.E. 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. 2015))). Plaintiff asserts that the claim is pursued on behalf of Mr. Hutchins by his attorney in fact Cynthia Tainsh, pursuant to the POA, and that Defendant's payment for the subject services violate[s] the ERISA plan terms. (D.E. PDF United States Court of Appeals for The Ninth Circuit We got critical information about the contract campaign and how we could get involved. 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. 1-1 at 2.) Over-the-counter test kits. Retirees in our local have to purchase Part B (hospital) and Part D. I believe some Western Conferences continue some of their health benefits. You will have to check with your local. it has to be approved every month. Our health insurance since retired is from Retirees benefit trust from the union i guess. Plaintiffs shall have an opportunity to amend the Complaint, assuming Plaintiff can cure the defects identified herein. The Third Circuit further explained that [a]ssignments and powers of attorney differ in important respects with distinct consequences for the power of a plan trustee to contractually bind an insured. Id. You can find it http://www.wr177healthcare.com. 25 0 obj <>/Filter/FlateDecode/ID[<357122659A1A8330000C20F5F06FEFDC>]/Index[9 28]/Info 8 0 R/Length 88/Prev 564712/Root 10 0 R/Size 37/Type/XRef/W[1 2 1]>>stream 13.) Spine Ctr. Univ. It contains the same info as the website. 2112766, 2022 WL 1213467, at *3 (D.N.J. 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. 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. 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.) 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 Id. * Please make sure to use the latest browser version. Visit www.vsp.com to find a provider in your area. FACTUAL BACKGROUND AND PROCEDURAL HISTORY, On June 17, 2021, Joseph Hutchins (Mr. This Court addresses each issue in turn. The Package Division is the unions largest division, serving hundreds of thousands of members throughout North America. Before this Court is Defendant Teamsters Western Region and Local 177 Healthcare Plan's (Defendant) Motion to Dismiss (D.E. * Please make sure to use the latest browser version. J I pay $200 a month to the teamsters out of Phoenix which oversees the health care plan. 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. Western Conf. Medicare is the primary and the balance is covered by retiree coverage. Login. Teamsters Western Region & Local 177 Retirees. 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[] . BENEFITS AND RESOURCES | Teamsters Local 396 1Xw[A`5G]Yoo}}C6{S. -->a.mXh-Xo#u5y5'V>` @ (citing N.J. Spine & Orthopedics, LLC v. Bae Sys., Inc., No. Sign up for our free summaries and get the latest delivered directly to you.
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