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Health and welfare benefit litigation under ERISA
1Rack, Vale, Burke, Fitzgerald, Burns & Balash, Cincinnati.
Abstract:
Denial of health benefits may result in devastating financial problems for the consumer. Given the complexities of the system, more and more employees turn to attorneys for help. Litigation and the resultant costs, in turn, further exacerbate the cost of providing benefits to employees and the burden to the employer. The law governing employer-paid health care and benefit plans is a blend of third party beneficiary contract law, trust law and administrative law. This article provides an overview of the federal litigation resulting from a third party payer's denial of coverage.