Page 45 - Public Citizen 2021-2022
P. 45

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             NOTICES REQUIRED BY LAW
             Special Rights on Childbirth. Under Federal law, group health plans may not restrict benefits for any hospital length of
             stay in connection with childbirth for (either mother or newborn child) to less than 48 hours following a vaginal delivery
             or less than 96 hours following a caesarean section. However, Federal law generally does not prohibit the mother's or
             newborn's attending provider, after consulting with the mother, from discharging the mother or her newborn earlier than
             the above period. In any case, under Federal law a provider may not be required (by plan or insurer) to obtain
             authorization from the plan for prescribing a length of stay up to 48 hours (or 96 hours).

             ERISA RIGHTS

             The Healthcare FSA or Medical Insurance plan sponsored by your Employer are subject to the Employee Retirement
             Income Security Act of 1974 (ERISA). (The Medical or Medical-Related Premium plan (Group Medical, Dental or Vision
             Insurance Premiums) is not subject to ERISA.) Some of your basic rights under ERISA are described in this Summary Plan
             Description. Your rights under ERISA and other federal and state law as related to the qualified benefit plans you elected
             are fully detailed in the Summary Plan Descriptions that are maintained by your Employer for those plans.
             As a Participant in the Company’s Healthcare FSA, you are entitled to certain rights and protections under ERISA. ERISA
             provides that all plan participants shall be entitled to the following:
             To examine, without charge, at the Plan Administrator’s office and at other specified locations such as work-sites and
             union halls, all plan documents including insurance contacts, collective bargaining agreements, and copies of all
             documents filed by the plan with the U.S. Department of Labor, such as detailed annual reports and plan descriptions.
             Plan documents and other plan information will be provided upon written request of the Plan Administrator. The Plan
             Administrator may make a reasonable charge for the copies. A summary of the plan’s annual financial report will be
             automatically sent when such a report is required by law.
             In addition to creating rights for plan participants, ERISA imposes duties upon the people who are responsible for the
             operation of the employee benefit plan. The people who operate your plan, called "fiduciaries" of the plan, have a duty to
             do so prudently and in the interest of the plan participants and beneficiaries. No one, including your Employer, your
             union, or any other person, may fire you or otherwise discriminate against you in any way to prevent you from obtaining a
             benefit from the plan or from exercising your rights under ERISA.
             If your RFR is denied in whole or in part, you must receive a written explanation of the reason for the denial. You have the
             right to have the Plan Administrator review and reconsider your RFR.
             Under ERISA, there are steps you can take to enforce the above rights. For instance, if you request materials from the plan
             and do not receive them within 30 days, you may file suit in a federal court. In such a case, the court may require the Plan
             Administrator to provide the materials and pay you up to $110 a day until you receive the materials, unless the materials
             were not sent because of reasons beyond the control of the Administrator. If you have a Claim for benefits which is
             denied or ignored in whole or in part, you may file suit in a state or federal court as above. If it should happen that plan
             fiduciaries or if you are discriminated against for asserting your rights you may seek assistance from the U.S. Department
             of Labor, or you may file suit in a federal court. The court will decide who should pay court costs and legal fees. If you are
             successful, the court may order the person you have sued to pay these costs and fees. If you lose or if your RFR is found to
             be frivolous, the court may order you to pay these costs and fees. If you have any questions about the plan, you should
             contact the Plan Administrator.
             If you have any questions about this statement or about your rights under ERISA, or if you need assistance in obtaining
             documents from the Plan Administrator, you should contact the nearest office of the Employee Benefits Security
             Administration, U.S. Department of Labor, listed in your telephone directory or the Division of Technical Assistance and
             Inquiries, Employee Benefits Security Administration, U.S. Department of Labor, 200 Constitution Avenue N.W.,
             Washington, D.C. 20210. You may also obtain certain publications about your rights and responsibilities under ERISA by
             calling the publications hotline of the Employee Benefits Security Administration.






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