Before September 11 the Third Circuit Court of Appeals had been out of step with its sister federal circuits when it came to the right of hospitals, physicians and other health providers to sue health insurers that failed to cover patient obligations. So back in 2014 when North Jersey Brain & Spine Center …
District Court Holds That Michigan Tax on Benefit Payments is Not Preempted By ERISA
September 11, 2012 Leave a Comment
We previously addressed the passage of Michigan’s Health Insurance Paid Claims Assessment Act (“Act”), which imposes a 1% tax on claims paid by health insurance carriers, and the subsequent legal challenge to that law by the Self-Insurance Institute of America (“SIIA”) in SIIA v. Snyder. On August 31, …
ERISA Preemption of Michigan Paid Claims Assessment Act
January 26, 2012 Leave a Comment
We previously posted regarding Michigan’s Paid Claims Assessment Act (the “Act”) which assesses carriers a 1% surcharge on paid health claims. The Act defines carriers to include group health plan sponsors, along with insurance companies and also assesses third party administrators. Thus, it is likely that …
Michigan Creates Health Insurance Paid Claims Assessment Act
September 16, 2011 Leave a Comment
Michigan has become the newest state to institute an assessment on paid health care claims. Michigan Senate Bill No. 348, effective August 24, 2011, creates the “Health Insurance Claims Assessment Act” and initiates a 1% assessment on paid health claims. Employer-sponsored group health plans may be wondering …