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[tag=IN] [□ & □] □
By contrast , the activities involved in the second set of allegations-the " administration " allegations-may involve conduct by petitioners as ERISA fiduciaries , because an entity such as an HMO that exercises discretion in determining whether claims for specific benefits are covered by an ERISA plan is an ERISA fiduciary . If HCFA can ask the State to make a decreasing adjustment and pay back amounts of payments to LTC facilities which the report found to be over the Medicare ceiling , then it must permit the State to ask for an increasing adjustment in the amounts underclaimed by claiming for amounts which the report found were under the Medicare ceiling . The State assessors are there fore precluded from making the inquiry as to whether claims for indebtedness to such banks as may be made are real or fictitious . Providing the Institution agrees , the cover will also apply to any student of the Institution against such legal liability in respect of a claim for which the Institution would have been covered if the claim had been made against the Institution i.e. instead of claiming against the Institution the injured party claims against the student . " Less than a year later McDonald 's was again in trouble for claiming in a US advertising campaign that their foods were " nutritious " . On 5 June 2000 , the Commission issued a letter ruling on requests for further responses to interrogatories and for disclosure of information filed under claim of confidence .