teamsters western region and local 177 health care plan

*eTYkWvQ5i\R_?L7F(JHmHuHEkA ZWY,~]9mk}.s;RN;6\)[W0dVjT1BcA0WHMT{) \69? J|3#U.P6 y.l9`p*vk\@yVkZ[aA>sH RzC;}@u*v-]]t\&&3..BU[wJ;KLO}5zUhDkWPmxj0>,6\E-2X#yI9I0KX?< V .d%_=TF#fwn("Do $**AZVg!6JCD[P9NV7sPrFG)I uD8Ohq$ `Af O bM.D FM9}KGlt *hmK[W(r/ itb%l=;7sz)}t$,e4SgZVv1NBo>}'~ " C!*l8!l@uN! 1 Modified Date: 12/9/2022 Loading, please wait. Full title:JOSEPH HUTCHINS, by his attorney in fact CYNTHIA TAINSH, under a power of, Court:United States District Court, D. New Jersey. 1Xw[A`5G]Yoo}}C6{S. -->a.mXh-Xo#u5y5'V>` @ Please contact them for more information. You can explore additional available newsletters here. . He is a Trustee and Union Chair for the Oregon Teamster Employers Trust, Chair of the UPS Retirees Subsidy Fund, and Trustee on the Teamsters Western Region & Local 177 (New Jersey) Health Care Plan, all of which cover health care benefits for tens of thousands of active and retired Teamsters working at UPS and over 200 other employers. ' Pinkney v. Meadville, Pa., No. The Third Circuit further explained that [a]ssignments and powers of attorney differ in important respects with distinct consequences for the power of a plan trustee to contractually bind an insured. Id. d-M}@Es^=[lTkK!w)kkIEH[)5/(h* Vno}Zo5/ @ Eleven patients were covered under the Teamsters Western Region & Local 177 Health Care Plan ("Teamsters Plan"). * Please make sure to use the latest browser version. Plaintiff's counsel concedes as much by admitting that in this case, there is no dispute between the patient (Plaintiff) and his medical provider. (D.E. Davison firmly believes that expanding our unions commitment to member education, organizing core industries and negotiating strong contracts are key to the success of the Teamsters Union. An adequate complaint must be a short and plain statement of the claim showing that the pleader is entitled to relief. Fed.R.Civ.P. They pay 80% and the 20 % we pay is what is left over after a write off. A. [xh3p7;,o$k *8dEQG}.o/36_# r74w:pg{/+va~C4>,x+R:t_it!)9ixUejxsN=UDN?98Cl 2:2022cv04583 - Document 16 (D.N.J. 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. Support TDU Women's Leadership Development, Registration Now Open! 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. We got critical information about the contract campaign and how we could get involved. 19-8783, 2021 WL 3661326, at *5 (D.N.J. Teamsters Western Region & Local 177 Health Care Plan.Privacy Policy|Sitemap, Google Chrome, Mozilla Firefox, Microsoft Edge, Apple Safari, Opera. Western region and local 177 health care is the name of the plan. Our health benefits terminate when you turn 65, but spouse remains until that person turns 65. Cal. Most supplements are different. she told us we could buy a part D for prescriptions but asked why? It's designed to be convenient, comprehensive, and above allto provide high quality care. Univ. Under this benefit, which applies to COVID-19 test kits purchased on or after January 15, 2022, and through the end of the Coronavirus public . 1984)). For the foregoing reasons, Defendants' Motion to Dismiss is GRANTED without prejudice. Sure be nice if more Nor Cal and So Cal retiree's would chime in! 19-10735, 2020 WL 491258, at *2 (D.N.J. FACTUAL BACKGROUND AND PROCEDURAL HISTORY, On June 17, 2021, Joseph Hutchins (Mr. I pay $200 a month to the teamsters out of Phoenix which oversees the health care plan. Co. v. Deloitte & Touche LLP, 549 F.3d 100, 108 (2d Cir. Welcome to the Teamsters Western Region & Local 177 Health Care Plan! 14 at 13.) 10, 2023). Jan. 29, 2020) (dismissing for lack of ERISA standing claims brought by healthcare provider pursuant to a power of attorney even though complaint caption stated healthcare provider was proceeding as an attorney in fact))). 0 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. VISIT WEBSITE Labor Alliance Managed Trest Fund Visit the Labor Alliance Managed Trust Fund website for more information on your health plan. 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. 25, 2022). An 11-minute DVD is also available, and will be sent out prior to the upcoming re-vote on the UPS contract in the west. Orthopedic & Sports Med. Package Division Organization Chart . of Allegheny, 515 F.3d 224, 231 (3d Cir. Get free summaries of new District of New Jersey US Federal District Court opinions delivered to your inbox! 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. * Please make sure to use the latest browser version. 2015))). 15-02595, 2021 WL 2549343, at *6 (D.N.J. at *4. Liab. that the pleader is entitled to relief as required by Rule 8(a)(2). If Mr. Hutchins does not owe any balance of the bill, Dr. Tainsh cannot recover anything on his behalf. $>f:~wYrer. 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. 20-05479, 2021 WL 689113, at *3 (D.N.J. You can now lookup eligibility online for instant results! For a better experience, please enable JavaScript in your browser before proceeding. 1-1 at 3.) 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 We're very proud of the exceptional benefits program we offer to our members and their families. If you are covered under the Utah-IdahoGroup BenefitsPlan, you must call Group Benefit Administrators at 801-972-1177 or 1-800-657-5377 for inquiries and insurance claims. (Id. Visit Website. There is too much abuse with people getting scripts from multiple dr's and the opiode epidemic. 36 0 obj <>stream 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. Routine exams are covered for just a flat $10 copay when you visit a participating provider. 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. June 21, 2021) (Plaintiffs also cannot establish ERISA standing by asserting a POA, because they are litigating in their own names, not on behalf of their patients.). Signed by Judge Susan D. Wigenton on 4/10/2023. . (quoting In re Complaint of Bankers Tr. Defendant requests that this Court award attorneys' fees and costs for this Motion, pursuant to 29 U.S.C. Upon graduation from Portland State University in 2000, he was hired by Teamsters Joint Council 37 as a representative. 2112766, 2022 WL 1213467, at *3 (D.N.J. Y2)V?_v!,:Ma4@5l3Q 5Y Routine exams are covered for just a flat $10 copay when you visit a participating provider. Teamsters Western Region & Local 177 | important-provider-changes-2020. 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[] . On June 24, 2021, a claim for $32,860.70, the cost of the IONM services, was submitted to Defendant and its Third-Party Administrator (TPA), Aetna, Inc. (Id. Signed by Judge Susan D. Wigenton on 4/10/2023. Plaintiff asserts that the claim is pursued on behalf of Mr. Hutchins by his attorney in fact Cynthia Tainsh, pursuant to the POA, and that Defendant's payment for the subject services violate[s] the ERISA plan terms. (D.E. 14 at 5.) J#(&.$?+k!VLM]h>i/b,?_i!. WESTERN TEAMSTERS WELFARE TRUST. L{L|f7ZddM~ Co., 752 F.2d 874, 881 (3d Cir. HW]%G }>2r>\j$ Y$^]$6Hi=},k3 All states will probably follow Cali's lead. Visit the Teamsters Western Region and Local 177 Healthcare Plan website covering UPS Teamsters in the Western Region. Teamsters Western Region & Local 177 Health Care Plan. 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. 9 0 obj <> endobj Davison was elected as a Local 162 Business Agent in 2003 and President in 2009. The authority to act on behalf of the principal' is the primary issue at hand in this matter. He also serves as an International Western Region Package Division Representative. we pay $75 each per month for healthcare which is pretty good. Further, Defendant does not owe Mr. Hutchins any reimbursement, so, contrary to the explicit language of the POA, Dr. Tainsh cannot pursue a claim for monies owed to Mr. Hutchins. I. Slow, less stable, much more vulnerable to viruses, spyware, malware, and prone to other security issues. In so finding, the Third Circuit noted that anti-assignment clauses do not preclude an insured from grant[ing] a valid power of attorney that confer[s] on his agent the authority to assert [a] claim on his behalf. Id. VISIT WEBSITE Northwest Administrators JavaScript is disabled. _,EL#.Rb@@L#E? -Welcome to the Teamsters Western Region and Local 177 Health Care Plan! UPS part-time employees. hmO0?q$P%Z(0Q(/L4R]4(Ms?w, XH,%OCss81q\\,Ts-~AZ c' bC$sLx|Y.84Pw088)09 Litig. International Brotherhood of Teamsters on Twitter, International Brotherhood of Teamsters on Facebook, International Brotherhood of Teamsters on YouTube, International Brotherhood of Teamsters on Instagram, Justice For Sanitation Workers at Republic/Allied Waste, Virginia is For Lovers and Organized Labor. N-y@! J%W{wLjZ$+xPnwR(|*p+l*tyx s!"5xw_Cf3'fonhQzd: #uy6y& 6-)*m#*FC!q-H3 dy at 454. November 2, 2013: The Western Region and Local 177 UPS health care website is up. endstream endobj startxref Plaintiffs shall have an opportunity to amend the Complaint, assuming Plaintiff can cure the defects identified herein. Aug. 18, 2021), the weight of authority suggests that suit must be brought in the patient's name. Hutchins v. Teamsters W. Region & Local 177 Health Care Plan, Civil Action 22-04583 (SDW) (MAH) (D.N.J. If you are already retired or plan on retiring before January 1, 2014, your retiree benefits will continue to be provided by UPS. (D.E. endstream endobj 14 0 obj <>stream Download our Teamsters Local 396 phone application to access useful tools and get the latest information from your Local Union. (dam). 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. Register today and get ready to build union power with Teamsters from across the country. Medicare is the primary and the balance is covered by retiree coverage. The Complaint does not specify to which provider the payment was submitted. (No. (Id. 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. Id. 2019) ([W]hether a party has derivative standing to file an ERISA claim involves a merits-based determination,' such that a motion to dismiss for lack of ERISA standing . Visit Website. However, Sanchez alleges that his religious . 6-1 at 11.) Slow, less stable, much more vulnerable to viruses, spyware, malware, and prone to other security issues! Registration is open for the 2023 TDU Convention, November 3-5 in Chicago. Related Posts Headline News Teamsters Tell UPS: Make Movement on Our Members' Issues Now 2023.04.17 . 2002)). 1-1 at 2.) Due to the current circumstances, for your safety as well as that of our employees, our customer walk-in area will be closed until further notice. 60, 62 n.1 (3d Cir. This site has been established for you to view Life Claims and 1095-B Forms. 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|. 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. The division is responsible for ensuring that management abides by the UPS Master Agreement. Plaintiff's claim, therefore, is dismissed. He joined Local 162 in 1994 loading trucks at UPS and served as a steward. VI), 822 F.3d 125, 133 (3d Cir. . Received Notice that Our Medicare Part D Thru Retiree Trust Is Being Cancelled, Teamcare Retiree Insurance Doesn't Pay If Spouse is Disabled. 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. 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. Id. 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. This Court addresses each issue in turn. hb``c``2g`` at 454-55 (quoting W.R. Huff Asset Mgmt. 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 . Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. about $15 for a doctor visit. On June 16, 2022, Joseph Hutchins executed a Limited Power of Attorney (POA) that appointed Cynthia Tainsh, M.D., his Attorney-in-Fact and Agent, and granted Dr. Tainsh authority to. Mark Davison is a third-generation trade unionist. You're all set! the Western Region of Teamsters Negotiating Committee Co-Chairs having the power to impose an immediate resolution with an appropriate remedy. See N.J. Spine & Orthopedics, LLC, 2020 WL 491258, at *2; O'Brien v. Aetna, Inc., 2021 WL 689113, at *3; Lutz Surgical Partners PLLC v. Aetna, Inc., No. 2008) (stating that Rule 8 requires a showing,' rather than a blanket assertion, of an entitlement to relief (quoting Twombly, 550 U.S. at 555)). we have a $5 pay for 90 prescriptions so we will just keep that. Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citing Twombly, 550 U.S. at 555); see also Fowler v. UPMC Shadyside, 578 F.3d 203, 209-11 (3d Cir. Defendant further requests an award of attorney's fees pursuant to ERISA. As it was under the UPS Company Plan, your vision coverage is provided through the Vision Service Plan (VSP) network. Our health insurance since retired is from Retirees benefit trust from the union i guess. They pay 80% and the 20 % we pay is what is left over after a write off. Sign up for our free summaries and get the latest delivered directly to you. 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. In this circumstance, however, any financial claim and recovery Dr. Tainsh achieves will not benefit Mr. Hutchins. HWKoFWl4!h]8"zzI[E]J|HJ:t12l4[%6i)L)?&++aSk Jan. 29, 2020) (dismissing for lack of ERISA standing claims brought by healthcare provider pursuant to a power of attorney even though complaint caption stated healthcare provider was proceeding as an attorney in fact); see also O'Brien v. Aetna, Inc., No. . On August 3, 2021, Defendant paid $579.23 to the IONM provider-an out[-]of[-]network provider-for the IONM services. 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 The UPS contract is the largest private collective bargaining agreement in North America. 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 Our health insurance since retired is from Retirees benefit trust from the union i guess. We called the teamsters benefit trust for norcal and found out that we have to purchase part b . Generally, courts apply the Rule 12(b)(6) standard when a defendant challenges a plaintiff's standing to bring an Employee Retirement Income Security Act (ERISA) claim. . 14 at 4-7.) While at least one court in this District has permitted a case to proceed in the healthcare providers' own names where the complaint indicated the claims were brought on behalf of patients, see Somerset Orthopedic Assocs., P.A. 2017) Court Description: ORDER GRANTING DEFENDANTS MOTION TO DISMISS 43 by Judge Otis D. Wright, II: ( MD JS-6. May 23, 2022) (quoting In re Asbestos Prods. Visit www.wr177healthcare.com or call 855-215-2039 . 13.) The IBT Freight Division has told Yellow the contract will not be reopened unless the company agrees that all items will be on the table and there will tangible economic benefits for members. J 6-1) the Complaint filed by Plaintiff Joseph Hutchins, by his attorney in fact Cynthia Tainsh, (Dr. 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). That provision impacts this matter because it means that, at this point, Dr. Tainsh is unable to recover any balance-billing payment from Mr. Hutchins and would have had to have previously pursued binding arbitration to resolve any dispute about payment for the services. One patient was covered calls for UPS Teamsters to learn more about the Teamsters Western Region & Local 177 Health Care Plan. It includes information on benefits but has no information on the diversion of negotiated money from your pension to fund the health plan. 2009) (discussing the Iqbal standard). v. Aetna, Inc., 801 F.3d 369, 371 n.3 (3d Cir. Labor Alliance Managed Trust Fund . endstream endobj 13 0 obj <>stream (D.E. You can find it http://www.wr177healthcare.com. Their address is 2621 South 3270 West, Salt Lake City, Utah 84119. The POA at issue grants Dr. Tainsh the right to collect monies owed on [Mr. Hutchins'] behalf and for any other means necessary to effect the collection of monies, funds[,] or benefits which may be due [to Mr. Hutchins] for services rendered by SUMMIT IONM. (D.E. 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. 8(a)(2). The Complaint does not specify what party submitted the claim. 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. Make your practice more effective and efficient with Casetexts legal research suite. For your convenience we have designed the entire site to be mobile friendly, great for when you need information right away! 2018). The division represents UPS package car drivers, air drivers, feeder drivers, part-time loaders, unloaders, sorters, clerks and mechanics. 1132(a)(1)(b). 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 and Local 177 Healthcare Plan. Sign up or login now to get instant access to claims, explanation of benefits, and more! He has negotiated and enforced strong contracts in every Local 162 represented industry. %%EOF Teamsters Western Region and Local 177 Health Care Plan Filing 52 Teamsters Western Region and Local 177 Health Care Plan, No. You are using an out of date browser. He is a Trustee and Union Chair for the Oregon Teamster Employers Trust, Chair of the UPS Retirees Subsidy Fund, and Trustee on the Teamsters Western Region & Local 177 (New Jersey) Health Care Plan, all of which cover health care benefits for tens of thousands of active and retired Teamsters working at UPS and over 200 other employers. (quoting Complaint of Bankers Tr. The power of attorney in that matter effectively transferred the patient's interest in recovery to the provider, so that the provider could pursue the claims as if they were his own, which this Court found violated the anti-assignment provision of the ERISA plan. In Tamburrino, M.D., et al. You already receive all suggested Justia Opinion Summary Newsletters. The calls will take place at the following times: Thursday, May 8, 8pm eastern (Local 177 Teleforum) Thursday, May 8, 7pm western (Western Region HC Teleforum) Wednesday, May 21, 8pm eastern (Local 177 Teleforum) Over-the-counter test kits. Under the NJNSA, [u]nless negotiations for reimbursement result in an agreement between the provider and the plan member within 30 days [after the plan member is sent a bill for the services], a provider shall not collect or attempt to collect reimbursement, including initiation of any collection proceedings, until the provider files a request for arbitration with the department pursuant to this section. N.J. STAT. Vision benefits are available once every 12 months for you and your covered dependents. it has to be approved every month. at 455. Retirees. 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. 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.) * Please make sure to use the latest browser version. During this time, Davison also served as editor of theOregon Teamster. (citing N.J. Spine & Orthopedics, LLC v. Bae Sys., Inc., No. 15.). %PDF-1.4 % 1 7-10; D.E. page numbers referenced throughout this Opinion reference the filing page numbers, not each document's original page number. hbbd``b`~ A $v Aq !.$ @B{$;H Z d$,fc`$x;@ Q$ I was So Cal too and yet my health insurance comes from the UPS and not the Teamsters. 2022 Teamsters joint Council 42 Scholarship . Teamsters Western Region & Local 177 | west-region-and-local177-health-care-plan-amendments Teamsters Western Region and Local 177 Health Care Plan - Amendments Path: Teamsters Western Region and Local 177 Health Care Plan - Amendments Amendment No. 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. 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?". If you are covered under the Western Teamsters Welfare Trust (WTWT), you must call Northwest Administrators at 800-932-4790 for Eligibility or 1-800-872-5439 for claim inquiries. 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. 1132(e). I believe that true in California as well. 2016)). v. Horizon Healthcare Servs., Inc., No. 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.

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