Employee benefits journal最新文献_第5页

The Puzzle of Panel Processing: ERISA, Complete Preemption, and the Federal Jurisdiction Gap 面板处理的难题:ERISA，完全优先权和联邦管辖权差距

Employee benefits journal Pub Date : 2015-11-17 DOI: 10.2139/ssrn.2698449

David L. Goodwin

{"title":"The Puzzle of Panel Processing: ERISA, Complete Preemption, and the Federal Jurisdiction Gap","authors":"David L. Goodwin","doi":"10.2139/ssrn.2698449","DOIUrl":"https://doi.org/10.2139/ssrn.2698449","url":null,"abstract":"Ordinarily, in federal practice, a plaintiff is master of the complaint. But the doctrine of \"complete preemption,\" which affects certain federal laws, allows a defendant to recharacterize a plaintiff's state claims as being federal claims in disguise. An ordinary contract dispute, for instance, can transform into a pension battle, or a copyright action; and, thus recast, the lawsuit can be removed to federal court.The Puzzle of Panel Processing: ERISA, Complete Preemption, and the Federal Jurisdiction Gap traces, from its inception, the curious case of Sexton v. Panel Processing, which began as a state whistleblower suit and ended as a marquee Sixth Circuit decision about the Employee Retirement Income Security Act of 1974, the statutory behemoth more commonly known as ERISA. By tracing the path of Panel Processing and its odd procedural outcome, the piece highlights a possible gap between federal-question jurisdiction and the complete preemption process, a gap which has the potential to lead to unclear and frustrating jurisdictional outcomes at late stages of litigation. A modest tweak to federal practice-the sua sponte scrutiny of all removal notices premised on preemption doctrines-is proposed as the simplest practical solution to this problem.","PeriodicalId":76903,"journal":{"name":"Employee benefits journal","volume":"16 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2015-11-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76021159","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Elderly Poverty in the United States in the 21st Century: Exploring the Role of Assets in the Supplemental Poverty Measure 21世纪美国老年贫困:资产在补充贫困指标中的作用探讨

Employee benefits journal Pub Date : 2015-11-01 DOI: 10.2139/ssrn.2693201

Christopher Wimer, Lucas Manfield

引用次数: 7

Healthcare Exceptionalism? Performance and Allocation in the U.S. Healthcare Sector 医疗例外论吗?美国医疗保健行业的绩效和配置

Employee benefits journal Pub Date : 2015-10-01 DOI: 10.2139/ssrn.2698290

A. Chandra, Amy N. Finkelstein, Adam Sacarny, C. Syverson

引用次数: 77

What Does a Deductible Do? The Impact of Cost-Sharing on Health Care Prices, Quantities, and Spending Dynamics 免赔额有什么用?成本分担对医疗保健价格、数量和支出动态的影响

Employee benefits journal Pub Date : 2015-10-01 DOI: 10.1093/QJE/QJX013

Z. Brot-Goldberg, A. Chandra, B. Handel, Jonathan T. Kolstad

{"title":"What Does a Deductible Do? The Impact of Cost-Sharing on Health Care Prices, Quantities, and Spending Dynamics","authors":"Z. Brot-Goldberg, A. Chandra, B. Handel, Jonathan T. Kolstad","doi":"10.1093/QJE/QJX013","DOIUrl":"https://doi.org/10.1093/QJE/QJX013","url":null,"abstract":"Measuring consumer responsiveness to medical care prices is a central issue in health economics and a key ingredient in the optimal design and regulation of health insurance markets. We study consumer responsiveness to medical care prices, leveraging a natural experiment that occurred at a large self-insured firm which required all of its employees to switch from an insurance plan that provided free health care to a non-linear, high deductible plan. The switch caused a spending reduction between 11.79%-13.80% of total firm-wide health spending. We decompose this spending reduction into the components of (i) consumer price shopping (ii) quantity reductions and (iii) quantity substitutions, finding that spending reductions are entirely due to outright reductions in quantity. We find no evidence of consumers learning to price shop after two years in high-deductible coverage. Consumers reduce quantities across the spectrum of health care services, including potentially valuable care (e.g. preventive services) and potentially wasteful care (e.g. imaging services). We then leverage the unique data environment to study how consumers respond to the complex structure of the high-deductible contract. We find that consumers respond heavily to spot prices at the time of care, and reduce their spending by 42% when under the deductible, conditional on their true expected end-of-year shadow price and their prior year end-of-year marginal price. In the first-year post plan change, 90% of all spending reductions occur in months that consumers began under the deductible, with 49% of all reductions coming for the ex ante sickest half of consumers under the deductible, despite the fact that these consumers have quite low shadow prices. There is no evidence of learning to respond to the true shadow price in the second year post-switch.","PeriodicalId":76903,"journal":{"name":"Employee benefits journal","volume":"27 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2015-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81480746","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 340

The 'Ultimate' Asset Protection Trust “终极”资产保护信托

Employee benefits journal Pub Date : 2015-09-03 DOI: 10.2139/SSRN.2655763

Nicholas A. Paleveda

引用次数: 0

Racial Difference in the Use of VA Health Services 退伍军人医疗服务使用中的种族差异

Employee benefits journal Pub Date : 2015-09-01 DOI: 10.2139/ssrn.2738617

Chichun Fang, K. Langa, Helen Levy, D. Weir

{"title":"Racial Difference in the Use of VA Health Services","authors":"Chichun Fang, K. Langa, Helen Levy, D. Weir","doi":"10.2139/ssrn.2738617","DOIUrl":"https://doi.org/10.2139/ssrn.2738617","url":null,"abstract":"We study the factors that affect the utilization of health care services administered by the Department of Veterans Affairs (VA) and its racial differences. Due to data limitation, previous research in this regard mostly only focuses on veterans who are VA users or at least eligible for VA services. We fill in the gap in literature with a random sample of veterans 51 and older from the Health and Retirement Study. We find that, among all veterans, those who are black and less healthy are more likely to use VA health services. These factors, nevertheless, are no longer statistically significant after the sample is restricted to veterans who are eligible for VA services. We also find that VA health services and services provided through other channels are at least partial substitutes: VA usage drops when a veteran becomes age eligible for Medicare or when a veteran has health insurance coverage through employment. This drop in usage holds not only among all veterans, but also among veterans eligible for VA services. Finally, perception about the quality of services delivered in VA versus non-VA facilities strongly predicts VA services usage. Those who have favorable views toward VA use VA services more, and the results from variance decomposition suggests a majority part of the racial difference in VA usage can be attributed to the racial difference in such perception.","PeriodicalId":76903,"journal":{"name":"Employee benefits journal","volume":"74 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2015-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80004143","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Comparing Retirement Wealth Trajectories on Both Sides of the Pond 比较大西洋两岸的退休财富轨迹

Employee benefits journal Pub Date : 2015-09-01 DOI: 10.2139/ssrn.2712341

R. Blundell, Rowena Crawford, Eric French, G. Tetlow

引用次数: 26

The PBGC Wins a Case When the Debtor Keeps Its Pension Plan 当债务人保留其养老金计划时，PBGC赢了一个案子

Employee benefits journal Pub Date : 2015-09-01 DOI: 10.2139/SSRN.2716996

Israel Goldowitz, Garth Wilson, E. Kim, Kirsten Bender

引用次数: 1

Wisconsin Worker's Compensation: Arising Out of Employment 威斯康星州工人赔偿:由就业引起的

Employee benefits journal Pub Date : 2015-08-02 DOI: 10.2139/SSRN.2638921

Eric W. Lengell