Amy Gordon

Amy Gordon

McDermott Will & Emery

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Manager Amendments to the American Health Care Act

On Monday March 20, 2017, technical and policy amendments to the American Health Care Act of 2017 (AHCA) were introduced to address concerns by more conservative Republicans. The House is expected to vote on the AHCA as early...more

3/23/2017 - Affordable Care Act Health Insurance Healthcare Reform Medicaid Repeal Trump Administration Ways and Means Committee

American Health Care Act: Considerations for Employers

On Monday March 6, 2017, the House Republican leadership in the Energy and Commerce and Ways and Means Committees unveiled their signature bill to “repeal and replace” the Affordable Care Act (ACA). The “American Health Care...more

3/10/2017 - Affordable Care Act Healthcare Reform Trump Administration Ways and Means Committee

DOL Finalizes New Disability Claim Rules for Welfare and Retirement Benefit Plans

The US Department of Labor’s Employee Benefit Security Administration recently released final rules on claims adjudication of disability claims under welfare and retirement plans (the Final Rule). The purpose of the Final...more

1/11/2017 - Affordable Care Act Disability Benefits Disclosure Requirements DOL Employee Benefits ERISA Health and Welfare Plans Retirement Plan

Northern District of Texas Blocks Enforcement of the Non-Discrimination Regulations of the ACA

On December 31, 2016, the US District Court for the Northern District of Texas issued an opinion and order in Franciscan Alliance, Inc. et al v. Burwell, which preliminarily enjoins the US Department of Health and Human...more

1/10/2017 - Affordable Care Act Civil Rights Act Enforcement Gender Identity HHS Non-Discrimination Rules Pregnancy Discrimination Section 1557 Title VII

21st Century Cures Act: Small Employer Changes under the Affordable Care Act

President Obama has signed the 21st Century Cures Act, Pub. L. No. 114-225 (Dec. 13, 2016). As we previously mentioned, the new legislation permits small employers (those that are not considered applicable large employers...more

12/16/2016 - 21st Century Cures Initiative Affordable Care Act Barack Obama HRA Internal Revenue Code (IRC) Small Employers

Congress Passed the 21st Century Cures Act

Congress has passed, and President Obama is expected to sign the 21st Century Cures Act, H.R. 34. Among other things, the new legislation will permit small employers (those that are not considered applicable large employers...more

12/13/2016 - 21st Century Cures Initiative Affordable Care Act Barack Obama HRA

Extension for Good-Faith Reporting and 2016 Forms 1095-C and 1094-C

On November 18, 2016, the Internal Revenue Service issued Notice 2016-70, extending both the due date for furnishing individuals with Forms 1095-C and 1095-B, in addition to certain good-faith transition relief to the 2016...more

11/22/2016 - Affordable Care Act Form 1094 Form 1095 Good Faith Internal Revenue Code (IRC) IRS Minimum Essential Coverage Reporting Requirements Section 6055 Section 6056 Time Extensions

IRS Adjusted ACA Fee Amounts for the 2017 Policy or Plan Years

The Patient-Centered Outcomes Research Institute (PCORI) fee was established under the Affordable Care Act (ACA) to advance comparative clinical effectiveness research. The PCORI fee is assessed on issuers of health insurance...more

11/21/2016 - Affordable Care Act Fees Healthcare HHS IRS PCORI Reinsurance

Affordable Care Act Whistleblower Complaint Procedures

On October 11, 2016, the Occupational Safety and Health Administration published a final rule that establishes procedures and time frames for handling whistleblower complaints under the Affordable Care Act (ACA); for hearings...more

10/17/2016 - Affordable Care Act ALJ Anti-Retaliation Provisions DOL Employment Policies Final Rules Health Insurance Hiring & Firing Interim Final Rules (IFR) Judicial Review OSHA Over-Time Retaliation Title I Wage and Hour Whistleblowers

Affordable Care Act Compliance: IRS Releases Draft 2016 Employer Reporting Forms and Instructions

The Internal Revenue Service recently issued revised draft Forms 1094-C and 1095-C and related instructions for use for the 2016 reporting year. ...more

8/20/2016 - Affordable Care Act Applicable Large Employers (ALE) Employer Group Health Plans Form 1094 Form 1095 IRS Reporting Requirements Self-Insured Health Plans

Responding to Marketplace Notices

Employers have begun to receive notices from the Health Insurance Marketplace Exchanges (Marketplace) notifying them that one or more of their employees is eligible for governmental subsidies under the Marketplace. Employers...more

8/4/2016 - Affordable Care Act Appeals Employer Liability Issues Full-Time Employees Health Insurance Exchanges Penalties Public Health Insurance Marketplace Shared Responsibility Rule Subsidies

EEOC Releases Final Wellness Program Regulations Related to the Genetic Information Nondiscrimination Act and the Americans with...

In Depth - The US Equal Employment Opportunity Commission (EEOC) recently released final wellness plan regulations providing guidance on how employer wellness programs may comply with Title I of the Americans with...more

6/3/2016 - ADA Affordable Care Act Disability Discrimination EEOC Employer Group Health Plans GINA HIPAA Incentives Wellness Programs

HHS Issues Final ACA Nondiscrimination in Health Programs and Activities Regulation

In Depth - On Friday, May 13, 2016, the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) finalized regulations that provide explicit protections from discrimination on the basis of gender...more

5/26/2016 - Affordable Care Act Covered Entities Employer Group Health Plans Gender Identity Health Insurance HHS Non-Discrimination Rules OCR Religious Exemption Section 1557 TPAs Transgender

New FAQs Address Implementation of the Affordable Care Act, Mental Health Parity and Addiction Equity Act, and the Women’s Health...

In Depth - The US Departments of Labor (DOL), Health and Human Services (HHS) and Treasury (collectively, the Departments) published frequently asked questions (FAQs) on April 20, 2016, clarifying the implementation of...more

5/7/2016 - Affordable Care Act Clinical Trials Cost-Sharing DOL Employer Group Health Plans HHS Mental Health Parity Rule MHPAEA Popular Rescission U.S. Treasury

Recent Government-Issued FAQs Clarify ACA Employer Mandate, Market Reforms

Notice 2015-87 (the Notice) provides recent government guidance on the Affordable Care Act (ACA) employer mandate and market reforms. The Notice contains 26 frequently asked questions (FAQs) from the Internal Revenue Service...more

4/2/2016 - Affordable Care Act COBRA DOL Employer Mandates Flexible Spending Accounts HHS HRA IRS Popular Public Health Insurance Marketplace

Final Regulations on Affordable Care Act Market Reforms

Throughout 2010, the U.S. Departments of Health and Human Services, Labor and the Treasury (collectively, the Departments) issued interim final regulations (IFR) implementing ACA market reforms applicable to grandfathered...more

12/23/2015 - Affordable Care Act Claims Appeal Procedures Dependent Coverage Grandfathered Obligations Lifetime Limits Preexisting Conditions Rescission

Automatic Enrollment for Health Plans Has Been Repealed

Budget legislation signed into law by President Barack Obama on November 2, 2015, the Bipartisan Budget Act of 2015, repeals the controversial automatic enrollment provision under the Affordable Care Act (ACA). Section 18A of...more

11/3/2015 - Affordable Care Act Automatic Enrollment Barack Obama Employer Group Health Plans Employer Liability Issues Federal Budget FLSA Health Insurance New Legislation Pensions Popular Premiums

IRS Adjusted ACA Fee Amounts for the 2015/2016 Policy or Plan Years and Additional Payment Options

The Patient-Centered Outcomes Research Institute (PCORI) fee was established under the Affordable Care Act (ACA) to advance comparative clinical effectiveness research. The PCORI fee is assessed on issuers of health insurance...more

10/22/2015 - Affordable Care Act Fees Filing Deadlines Health Insurance HHS Insurance Industry Medical Research PCORI Public Health Insurance Marketplace Self-Insured Health Plans Third-Party Transitional Reinsurance Program

Further Guidance on the ACA’s Cadillac Tax

The Affordable Care Act (ACA) added Code Section 4980I to the Internal Revenue Code. Effective for tax years beginning on or after January 1, 2018, an excise tax of 40 percent will be imposed on the cost of employer-sponsored...more

9/30/2015 - Affordable Care Act Cadillac Tax Comment Period Employer Group Health Plans Excise Tax Health Insurance Health Savings Accounts IRS Multiemployer Plan New Guidance Plan Administrators

Affordable Care Act Reporting Penalties Significantly Increased

On June 29, 2015, President Barack Obama signed the Trade Preferences Extension Act (the Act) into law. In addition to containing several revenue offsets, the Act significantly increased penalties for incorrect information...more

7/24/2015 - 1099s Affordable Care Act Corporate Counsel Employer Liability Issues Good Faith IRS Popular Reporting Requirements Section 6722 Tax Penalties Trade Preferences Extension Act (TPEA) W-2

Supreme Court Rejects Latest Challenge to Affordable Care Act: What Are Employers' Obligations Going Forward?

On June 25, 2015, the Supreme Court of the United States upheld one of the main pillars of the Affordable Care Act (ACA): the tax credits that allow millions of Americans to afford health care insurance on the public...more

6/29/2015 - Affordable Care Act Corporate Counsel Employer Group Health Plans Employer Mandates Health Insurance Health Insurance Exchanges King v Burwell Public Health Insurance Marketplace State Health Insurance Exchanges Subsidies Tax Credits

Agencies Clarify Cost-Sharing Limits Under the Affordable Care Act

The U.S. Departments of Labor (DOL), Health and Human Services (HHS), and the Treasury (collectively, the Departments) have issued a set of Frequently Asked Questions (FAQs) clarifying the limitations on cost sharing under...more

6/11/2015 - Affordable Care Act Cost-Sharing DOL Employer Group Health Plans Health Insurance Health Insurance Exchanges HHS Public Health Insurance Marketplace

IRS Issues Q&As on Information Reporting under Code Section 6055 and 6056

Thursday, the U.S. Internal Revenue Service issued new Questions & Answers regarding the Affordable Care Act’s reporting rules under Code Section 6055 and 6056. The categories under the guidance include: Basics of the...more

5/26/2015 - Affordable Care Act Employer Mandates IRS Reporting Requirements

EEOC Issues Guidance on Employer Provided Wellness Programs

The Equal Employment Opportunity Commission (EEOC) has released long-awaited proposed guidance (the proposed rule) relating to employer wellness programs. The proposed rule amends regulations implementing Title I of the...more

4/22/2015 - ADA Affordable Care Act DOL EEOC GINA Health Insurance Healthcare Proposed Regulation Wellness Programs

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