Assignment of What, Exactly?

Jonathan A. Jablon, Esq. If you’ve ever been disgusted with how much the BUCAs charge for health insurance premiums, you’re not alone. If you’ve ever wondered how the BUCAs determine their premiums and whether they’re limited, a case decided in May of this year helps shed some light o
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HIPAA Preempts Florida Medical Records Law: Eleventh Circuit

In Opis Management Resources, LLC v. Secretary, Florida Agency for Health Care Administration, the US Court of Appeals for the Eleventh Circuit ruled that the Health Insurance Portability and Accountability Act of 1996 (HIPAA) preempts a Florida law requiring nursing homes to disclose
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The exhaustion of administrative remedies is not required in an ERISA benefits case when a participant can “reasonably interpret” the plan to not require exhaustion

This case concerns the calculation of a participant’s benefit, and whether that benefit should include (among other things) an early retirement credit. The plan’s administrative procedures apply when a participant wants to “file a benefit claim,” but this parti
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Choice of Law In ERISA Disputes – How State Law May Affect Outcomes On Judicial Review

Here, the Policy contained a valid choice of law provision, which indicates that the parties intended for the Policy to be governed by Texas law to the extent that it is not preempted by ERISA. Thus, in order to decide this issue, we must ascertain how to determine whether or not to e
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Pregnant Employee Terminated Prior to Becoming Eligible for Leave Can State Causes of Action Under FMLA

The Eleventh Circuit Court of Appeals recently held in a case of first impression in this circuit that the Family and Medical Leave Act (FMLA) “protects a pre-eligibility request for post-eligibility leave.” That is, the FMLA protects an employee who gives notice, before she is eligib
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Five Key Lines in the Circuit Court Rulings on Reform

Is the Affordable Care Act constitutional or not? It seems like every week brings a different wrinkle, if not a new answer. The Supreme Court will convene on Thursday to decide whether to take up the case against reform. The universal expectation is that the high court will elect to g
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