Rhys Sterling v. Davita Inc.

MEMORANDUM

Rhys A. Sterling, an attorney, appeals pro se from the district court’s order dismissing his action alleging violations of the Employee Retirement Income Security Act of 1974 (“ERISA”) and the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) in connection with defendant’s verification and determination of Sterling’s eligibility for continued dependent benefits under his spouse’s employee healthcare plan. We review de novo a dismissal for failure to state a claim. Paulsen v. CNF Inc., 559 F.3d 1061, 1071 (9th Cir.2009). We affirm.

The district court properly dismissed Sterling’s claim that defendant violated its fiduciary duties under ERISA when it requested documentary proof of Sterling’s eligibility to participate in defendant’s healthcare plan, as defendant’s actions were authorized by the plan and consistent with its fiduciary duty under ERISA to protect the financial integrity of the plan. See Cent. States, Se. & Sw. Areas Pension Fund v. Cent. Transp., Inc., 472 U.S. 559, 570-71 , 105 S.Ct. 2833 , 86 L.Ed.2d 447 (1985) (under ERISA, a plan fiduciary must “discharge [its] duties with respect to a plan solely in the interest of the participants…