Eric N. Athey

Eric N. Athey

McNees Wallace & Nurick LLC

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Latest Publications


Feds Define Which “Closely Held Corporations” Are Eligible to Opt Out of Contraception Mandate Under ACA

One year ago, the U.S. Supreme Court ruled in the case of Burwell v. Hobby Lobby Stores, Inc. et al, that for-profit closely held corporations must be permitted to opt out of the Affordable Care Act’s contraception mandate on...more

7/16/2015 - Affordable Care Act Burwell v Hobby Lobby Closely Held Businesses Contraceptive Coverage Mandate Corporate Counsel DOL Healthcare HHS Opt-Outs Religious Exemption SCOTUS TPAs

ACA Update: Supreme Court Rules that Federal Insurance Exchanges May Issue Tax Subsidies

On June 25, 2015, the U.S. Supreme Court issued its decision in King v. Burwell, ruling that Section 36B of the Patient Protection and Affordable Care Act (“ACA”) authorizes insurance exchanges run by the federal government...more

6/26/2015 - Affordable Care Act Health Insurance Health Insurance Exchanges IRS King v Burwell Pay or Play SCOTUS State Health Insurance Exchanges Subsidies Tax Credits

Five Ways the EEOC Proposed Wellness Regulations Would Change Workplace Health Initiatives

The Americans with Disabilities Act (ADA) generally prohibits employers from requiring current employees to submit to medical examinations or medical inquiries unless the exam or inquiry is “job-related and consistent with...more

5/5/2015 - ADA Affordable Care Act Corporate Counsel Disability Discrimination EEOC Employee Benefits Employee Contributions Wellness Programs

Feds Tighten the Belt on "Skinny Plans" and Other ACA Workarounds

On January 1, 2015, employers with 100 or more "full-time equivalents" will be subject to the "Pay or Play" regulations under the Affordable Care Act ("ACA"). Over the past few years, many consultants have sought to identify...more

11/11/2014 - Affordable Care Act DOL Employer Mandates IRS Minimum Essential Coverage Pay or Play

Halbig v. Burwell: A Death Blow for the Affordable Care Act?

On July 22, 2014, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit ruled in Halbig v. Burwell that the Affordable Care Act (ACA) authorizes the issuance of tax credits to assist...more

7/23/2014 - Affordable Care Act Halbig v Burwell Healthcare Healthcare Reform Tax Credits

Key Questions Left in the Wake of the Supreme Court's Hobby Lobby Decision

On June 30, 2014, the U.S. Supreme Court held in Burwell v. Hobby Lobby Stores, Inc. et al., that the Affordable Care Act's "contraceptive mandate", as applied to "closely held corporations", violates the Religious Freedom...more

7/8/2014 - Affordable Care Act Burwell v Hobby Lobby Contraceptive Coverage Mandate Contraceptives Corporate Counsel EEOC Employer Mandates HHS Hobby Lobby IRS Religious Exemption Religious Freedom Restoration Act SCOTUS

New Rule For Flexible Spending Arrangements: "Use It Or Lose (Some Of) It"

Flexible spending arrangements, or FSAs, have gained popularity among employers over the past fifteen years. Today, approximately 14 million families participate in these benefit plans. ...more

11/4/2013 - Affordable Care Act Carryover Basis Employee Benefits Flexible Spending Accounts Healthcare U.S. Treasury

Healthcare Reform Update: The Top Five Questions Employees Will Be Asking On October 1

As previously reported on this blog, employers are required to provide a notice to employees regarding coverage options under the new Health Insurance Marketplaces created by the Affordable Care Act that are scheduled to be...more

9/20/2013 - Affordable Care Act Deadlines Employee Benefits Full-Time Employees Health Insurance Exchanges Marketplace Notice Part-Time Employees

It's Your Business News -- August 2013

In This Issue: Making the ‘Right’ Choice; Top Ten Mistakes Businesses Make Regarding Insurance; and You’ve Got the Job, Details Will Follow. Excerpt from Making the ‘Right’ Choice - You have the idea, you...more

8/6/2013 - Business Development Business Formation Business Ownership Choice of Entity Corporate Governance Entrepreneurs Insurers Small Business Small Business Formation Startups

Healthcare Reform White Paper: Countdown To 2014

Although the Patient Protection and Affordable Care Act (“PPACA” or the “Act”) is now over three years old, the Act’s core requirements will not take effect until 2014....more

6/27/2013 - Affordable Care Act COBRA Compliance Deadlines DOL Fees Form 720 Health Insurance Exchanges Healthcare IRS Marketplace Notice PCORI Self-Insured Health Plans Temporary Employees Wellness Programs

You've Got The Job, Details Will Follow - Employment Offer Letters & Non-Compete Agreements

In Pennsylvania, a non-compete agreement (NCA) must be supported by legal "consideration" in order to be enforceable....more

6/17/2013 - Consideration Employment Contract Enforcement Hiring & Firing Non-Compete Agreements

Employer Alert -- January 2013: IRS Proposed Regulations On PPACA’S Shared Responsibility Provisions Full of New Year Surprises...

On December 28, 2012, the Internal Revenue Service (“IRS”) issued long-awaited proposed regulations regarding the “shared responsibility” penalty provisions of the Patient Protection and Affordable Care Act (“PPACA”). In...more

1/14/2013 - Affordable Care Act Dependents Full-Time Employees IRS Penalties Safe Harbors Shared Responsibility Rule

Healthcare Reform Update: IRS Regulations Address Full-Time Status Of Nine-Month Education Employees

The Patient Protection and Affordable Care Act ("PPACA") requires "large employers" (i.e., those regularly employing 50 or more full-time equivalents) to provide "affordable" health coverage of "minimum value" to "full-time...more

1/4/2013 - Affordable Care Act Full-Time Employees IRS Shared Responsibility Rule Tax Penalties

Healthcare Reform Update: Recent Federal Guidance Focuses On 2014

With the re-election of President Obama in November, the Patient Protection and Affordable Care Act (a.k.a. "healthcare reform" or "Obamacare") survived its second major challenge in 2012. Many employers had been awaiting the...more

12/7/2012 - Affordable Care Act DOL HHS IRS

Health Care Reform Update - Five Compliance Issues Employers Should Focus on Now

The Patient Protection and Affordable Care Act (“PPACA”), otherwise known as Health Care Reform, is now 2 ½ years old. It narrowly survived its first major legal challenge with the Supreme Court’s decision in July. PPACA...more


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