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Governmental Plan Status is Key Issue in Pending Lawsuit
Ice Miller LLP Link to more items from this source
Dec. 10, 2018

"The Complaint identifies the following reasons why Atrium's plans do not meet the governmental plan definition: [1] Atrium's board is not publicly nominated or elected; [2] Atrium's board is not controlled by a state, political subdivision, or any other governmental entity; [3] No state, political subdivision, or any other governmental entity has the powers and interests of an owner with respect to Atrium; [4] Atrium's employees are not treated as employees of any state, political subdivision, or any other government entity; [5] Atrium receives no funding from the state or any political subdivision; and [6] Atrium does not possess the sovereign powers of a state, political subdivision, or any other governmental entity." [Shore v. Charlotte-Mecklenburg Hospital Authority (d/b/a Atrium, f/k/a Carolinas Healthcare System), No. 18-961 (M.D.N.C. complaint filed Nov. 19, 2018)]

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