UPDATED INFORMATION ON
AEU BENEFITS, LLC
AEU HOLDINGS, LLC
BLACK WOLF CONSULTING, INC.
SD TRUST ADVISORS, LLC
AEU HOLDINGS, LLC EMPLOYEE BENEFIT PLAN
On October 16, 2023 check payments for Type 3 Claimants (Medical Providers) were mailed. One check payment was issued per Provider Tax ID number. Providers will need a copy of their Medical Claims Determination Statement (MCDS) in order to apply the payment. You can request a copy of your MCDS by clicking the navy link above. Note, you will need to have your tracking number(s) in order to request a copy of your MCDS.
CLICK HERE to view a searchable pdf where you can search by your Tax ID number to view the mailing address on file and the interim distribution amount associated with your Tax ID number. When searching the pdf, enter your Tax ID number in this format XX-XXXXXXX
On May 12, 2023 check payments for Type 1 and Type 2 Claimants (listed in Exhibit 1 in the Exhibits link below) were mailed.
On March 28, 2023 the Federal court approved the Independent Fiduciary's Plan of Liquidation.
Providers can search the exhibit pdf using their Tax ID number in the following format 00-0000000 to verify payment mailing address and view approved interim distribution payment amounts. Request to update contact information can be emailed to firstname.lastname@example.org.
Update Related to the December 7, 2022 Status Hearing
On December 7, 2022 federal district judge John Kness held a status conference regarding the AEU case. After hearing from the U.S. Department of Labor and the Independent Fiduciary, an attorney representing the broker firm A.J. Corso announced that their client was objecting to the plan of distribution and sought to file a motion to intervene. The judge set forth the following schedule: any motions to intervene must be filed on or before 1/4/2023; responses must be filed on or before 1/25/2023; and replies (if any) must be filed on or before 2/8/2023. No Motion to Intervene was filed by the January 4, 2023 deadline.
Meanwhile the submitted plan of distribution remains pending with the Court. The injunction under the All Writs Act remains in force.
Status Hearting Set for December 7, 2022
As of September 29, 2022 the US District Court (ND Ill) (in case # 18-cv-08158) DENIED a motion to dismiss filed by Locke Lord in an action brought by the Independent Fiduciary relating to this matter. The lawsuit as against Locke Lord will now proceed. In a separate action the Court has also denied / declared as moot various motions that had been filed objecting to the Independent Fiduciary’s motion to approve a plan of distribution / interim distribution. The Court has set a Status Hearing on the case for December 7, 2022 at 9:30.
Order Approving Notice of Distribution and Setting Objections Period (July 13, 2021)
On July 12, 2021, U.S. District Court Judge John F. Kness issued his ruling directing that the notices regarding the Plan of Distribution be issued as requested by the Independent Fiduciary. Members, Medical Providers, and other interested parties will be receiving a notice setting forth an objections period to the proposed Plan of Distribution. The Court’s Order may be seen by clicking HERE. These notices are being mailed by the end of July, 2021. The objections period is 60 days from the date of mailing.
The Proposed Plan of Distribution is discussed in the posting (dated 4/26/2021) below. To view the Proposed Plan of Distribution, there is a link in that posting below.
NOTICE TO MEDICAL PROVIDERS, PATIENTS, AND OTHER CLAIMANTS IN THE AEU BENEFIT PLAN’S LIQUIDTION (04/26/2021)
In late March, the Independent Fiduciary, through its counsel filed a Motion Seeking Permission to file a motion for interim distribution longer than 15 pages with the Court. Along with that motion, the Independent Fiduciary filed the proposed motion for interim distribution. The proposed interim distribution motion is 399 pages long with 395 pages of exhibits. The Court has approved this motion to allow excess pages.
On April 16, 2021, the Independent Fiduciary filed its Motion to Approve Plan of Distribution and Motion to Set Objections Deadline. We are awaiting the Court’s ruling to set the objections deadline and notices to go out to all providers, patients and other claimants in the AEU Benefit Plan’s Liquidation.
You can view a copy of the motions, memorandum in support and attachments by clicking here.
If you you are a provider or member and need to update your mailing address, please send an email to email@example.com and include your tracking number(s), full name and address.
If you are a provider and have not provided RMI with your FEIN number, please send an email including the provider's name, address and FEIN to: firstname.lastname@example.org
If you have had a change of address please send an email to email@example.com and include your full name, new address and tracking number(s).
Thank you for your continuing patience with this matter.
Notice to Medical Providers and Patient/Members (01/19/2021)
Many of you have recently received communications or have accessed portals on the BPA (a former third party administrator) website. Many of you have recently received copies of EOBs (Explanation of Benefits) from BPA and their portal. THESE DOCUMENTS ARE STALE AND INACCURATE AS THEY RELATE TO THE AEU BENEFIT PLAN (BLACK WOLF PLANS). THEY ARE INEFFECTIVE AS TO COLLECTIONS AGAINST MEMBERS OR THE AEU BENEFIT PLAN. In June of 2018, Medical Claims Determination Statements (MCDS Statements) were issued to members and providers. Members and providers had an opportunity to appeal what was listed on those MCDS statements. All appeals received have been ruled upon. A proposal to distribute assets is currently being reviewed. The distribution, if approved, will distribute a pro-rata amount for plan responsibility amounts listed on the MCDS statement. Only member responsibility amounts listed on the MCDS statement are collectible under the court approved plan of liquidation.
IF YOU NO LONGER HAVE YOUR MCDS STATEMENT YOU MAY REQUEST A COPY BY EMAIL: firstname.lastname@example.org
ANY USE OF A BPA EOB TO MAKE A COLLECTION AGAINST A PATIENT OR MEMBER IS A VIOLATION OF THE COURT INJUNCTION AGAINST MEDICAL PROVIDERS.
NO REQUEST FOR CLAIMS STATUS SHOULD BE MADE TO BPA REGARDING THESE CLAIMS. YOU MAY CONTACT RMI AT 615-370-5733.
Update on Payment of Claims and Appeals (6/24/2020)
On October 9, 2019, the Independent Fiduciary indicated that a motion to distribute assets would be filed in June 2020 in anticipation that all Medical Claims Determination Statement appeals would be concluded at the end of February 2020. Since that website notice, the Independent Fiduciary’s office has been affected by the Covid-19 shut down. The Independent Fiduciary’s office completed its review of appeals of Medical Claims Determination Statements on June 23, 2020. Once a determination has been issued on an Medical Claims Determination Statement appeal, the provider/patient has 120 days within which to request an internal/external review. A motion to distribute assets will not be filed until the period for internal/external review has expired, which will be October 23, 2020.
Update on Payment of Claims and Appeals (10/9/2019)
The Independent Fiduciary last year had stated that it anticipated making payments on unpaid medical claims in the latter part of the second quarter of 2019. Due to the volume of appeals, this payment has been delayed. Well over half of the unpaid medical claims present in the AEU Benefit Plan have been appealed and this has made an interim distribution not feasible. We anticipate completing all appealed Medical Claims Determination Statements by the end of February, 2020 and filing a motion with the U.S. District Court for the Northern District of Illinois for permission to distribute the assets then currently held by the Independent Fiduciary. This motion will be filed in June of 2020.
U.S. Department of Labor - Press Release (11/8/2017)
COURT DOCUMENTS AND ORDERS
Department of Labor Complaint (11/2/2017)
Temporary Restraining Order (11/8/2017)
On November 13, 2017, the U.S. Department of Labor filed a motion to stay all proceedings against participants, beneficiaries, the AEU Plan, employer plans participating in the AEU Plan, and plan assets. The motion seeks to stay all federal and state court proceedings, including collections actions, against participants and beneficiaries for unpaid medical claims. If and when the motion is granted by the Court, we will post a copy of the Order to this website with instructions as to how to the Order may be used to protect participants and beneficiaries from litigation relating to unpaid claims of the AEU Plan.
SECRETARY OF LABOR’S UNOPPOSED MOTION FOR AN ORDER STAYING ALL PROCEEDINGS AGAINST PARTICIPANTS, BENEFICIARIES, THE AEU HOLDINGS, LLC EMPLOYEE BENEFIT PLAN (“AEU PLAN”), EMPLOYER PLANS PARTICIPATING IN THE AEU PLAN, AND PLAN ASSETS
MEMORANDUM IN SUPPORT OF SECRETARY OF LABOR’S UNOPPOSED MOTION FOR AN ORDER STAYING ALL PROCEEDINGS AGAINST PARTICIPANTS, BENEFICIARIES, THE AEU HOLDINGS, LLC EMPLOYEE BENEFIT PLAN (“AEU PLAN”), EMPLOYER PLANS PARTICIPATING IN THE AEU PLAN, AND PLAN ASSETS
On November 15, 2017, the U.S. District Court for the Northern District of Illinois entered an Order staying all proceedings against participants, beneficiaries, the AEU Plan, employer plans participating in the AEU Plan, and plan assets. The Order stays all federal and state court proceedings, including collections actions, and prohibits adverse credit reports against participants and beneficiaries for unpaid medical claims incurred while participating in the AEU Plan. The Order also covers related claims for attorneys’ fees, costs, and other demands relating to unpaid medical claims. A copy of the Order is posted here. Participants and beneficiaries, or others on their behalf, may present a copy of this Order to any person or entity seeking payment of, or making adverse credit reports relating to, unpaid benefit claims incurred by the participant or beneficiary while they were covered by the AEU Plan.
Signed Order Granting Unopposed Motion of All Writs (11/15/2017)
Order on Preliminary Injunction Hearing (12/13/2017)
Preliminary Injunction (12/13/2017)
Motion to Terminate Plans - Show Cause (12/15/2017)
Notice of Motion Hearing (12/15/2017)
Order to Terminate (12/21/2017)
RE AEU Benefit Plan - ACA Tax Reporting (3/15/2018)
Motion to Approve Plan of Liquidation (4/13/2018)
Orderly Plan of Liquidation (4/20/2018)