March 25, 1985
(Opinion issued in letter form; name and address deleted)
Re: Opinion of Trustees
Resolution of Dispute
Case No. 81-561
Pursuant to Article IX of the United Mine Workers of America 3950 Benefit Plan and Trust, and under the authority of an exemption granted by the United States Department of Labor, the Trustees have reviewed your Request for Resolution of Dispute concerning benefits coverage under the terms of your Employer’s Benefit Plan for Calcium Gluconate, a nutritional product you require as a result of your thyroid condition.
According to Article III. A. 4. (a) of your Employer’s Benefit Plan, and Q&A #83-1, benefits are provided only for those drugs which, by Federal or State law, require a prescription. Because Calcium Gluconate is not a prescription drug (does not require a prescription under Federal or State law), it does not satisfy the coverage requirements of Article III A. 4. (a) of the Employer’s Benefit Plan. Therefore, your Employer is not responsible for payment of charges for this product.
Sincerely,
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Harrison Combs, Chairman
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Joseph P. Brennan, Trustee
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William B. Miller, Trustee
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Paul R. Dean, Trustee