DOL’s Tobacco Wellness Claims Proceed; Out-Of-Network ERISA Payment Claims Fail

Mealey's (November 18, 2021, 1:22 PM EST) -- COLUMBUS, Ohio — The secretary of Labor lacks authority to challenge out-of-network reimbursement methodology under the Employee Retirement Income Security Act because there are no alleged plan losses, but some of the claims stemming from a self-insured wellness plan’s failure to provide tobacco users an alternative means of meeting a health-related reward may proceed, a federal judge in Ohio said Nov. 17 in a mixed ruling on motions to dismiss....