Peter J. Marathas Jr

Peter J. Marathas Jr

Proskauer Rose LLP

Contact  |  View Bio  |  RSS

Latest Publications

Share:

SCOTUS to Review Subsidy Issue

On November 7, the U.S. Supreme Court announced it was going to review King v. Burwell. At issue in the case is whether Fourth Circuit correctly determined that the IRS did not exceed its authority when it released a rule in...more

11/11/2014 - Affordable Care Act Healthcare Healthcare Reform King v Burwell SCOTUS Subsidies Tax Credits

New Agency FAQs Drive a Stake Further into the Heart of Premium Reimbursement Arrangements and Eliminate a Common Executive Perk

In clear and unambiguous terms, the U.S. Departments of Labor (“DOL”) and Health and Human Services and the Internal Revenue Service (“IRS”) (the “Agencies”) drove a stake into the heart of two suspect health insurance...more

11/10/2014 - Affordable Care Act DOL Employer Liability Issues Employer Mandates Health Insurance HHS IRS Reimbursements

The ERISA Litigation Newsletter - October 2014

Editor's Overview - The first article in this month's newsletter focuses on whether specific language in ERISA employer-provided disability insurance plans confer discretionary authority to plan administrators to...more

10/22/2014 - Delegation of Discretion Disability Insurance Employee Benefits ERISA Plan Administrators

IRS to Amend Cafeteria Plan Regulations to Facilitate Enrollment in Marketplace Coverage

On Thursday, September 18, 2014, the Internal Revenue Service (“IRS”) released Notice 2014-55, which expands the cafeteria plan “change in status” rules to allow plans to offer employees an option to revoke their elections...more

9/23/2014 - Affordable Care Act Cafeteria Plans Employer Group Health Plans Health Insurance IRS Public Health Insurance Marketplace

The ERISA Litigation Newsletter

Editor's Overview - This month's newsletter focuses on repayment of pension plan overpayments. Our issue discusses pension plan overpayments to participants, a plan administrator's duties to seek repayment, corrections...more

9/2/2014 - Employee Benefits ERISA Income Taxes Overpayment Pensions

IRS Increases 9.5% Affordability Threshold—Or Did It?

On July 24, 2014, the Internal Revenue Service (IRS) released three Revenue Procedures (2014-46, 2014-37, and 2014-41), which provide guidance to individuals on their obligation to maintain minimum essential coverage (MEC)...more

8/7/2014 - Affordable Care Act Healthcare Individual Mandate IRS Minimum Essential Coverage SEC

Of Mice and Elephants: Halbig and King and The Struggle of Two Federal Appeals Courts to Find Meaning in Words That May or May Not...

At issue in Halbig v. Burwell and King v. Burwell is whether or not subsidies to buy insurance on an exchange are available in both state and federal exchanges. On its face the Affordable Care Act (“ACA”) provides for...more

7/25/2014 - Affordable Care Act Employer Mandates Halbig v Burwell Health Insurance Health Insurance Exchanges Healthcare Healthcare Reform IRS King v Burwell Subsidies Tax Credits U.S. Treasury

Hobby Lobby: The Supreme Court’s View and Its Impact

For the second time in two years the United States Supreme Court (the “Court”) has ruled against the Obama Administration with respect to elements of the Affordable Care Act (the “ACA”). In a 5-4 decision announced today in...more

7/2/2014 - Burwell v Hobby Lobby Contraceptive Coverage Mandate Contraceptives Hobby Lobby Religious Exemption Religious Freedom Restoration Act SCOTUS

Final Regulations on Orientation Periods Released

On June 20, the Federal regulatory agencies in charge of health care reform guidance (the Departments of Labor, Treasury, and Health and Human Services) released final regulations (“Final Regulations”) clarifying the...more

6/25/2014 - Affordable Care Act DOL Eligibility Employer Group Health Plans Final Rules Healthcare Healthcare Reform HHS U.S. Treasury Waiting Periods

The ERISA Litigation Newsletter - March 2014

Our first article this month addresses the treatment of the attorney-client privilege in employee benefits matters. Pursuant to the so-called "fiduciary exception," communications between an attorney and a plan fiduciary are...more

3/12/2014 - Attorney-Client Privilege Confidential Communications ERISA Fiduciary Duty Legal Advice Privilege

Relief for Multiemployer Plans (and the Employers That Love Them)

As previously reported, on Monday, February 10, 2014, the IRS released final regulations on the Affordable Care Act’s (ACA) employer “shared responsibility” provisions, also known as the “pay-or-play” mandate. While the final...more

2/21/2014 - Affordable Care Act Employee Benefits Employer Mandates Healthcare Multiemployer Plan

“Pay-or-Play” & Contingent Workers: Final Regulations Provide Clarity But Not Complete Relief

As previously reported, on February 10, 2014, the IRS issued final regulations on the Affordable Care Act’s (ACA) employer shared responsibility requirements—the so-called “pay-or-play” mandate. In the regulations, the IRS...more

2/18/2014 - Affordable Care Act Employee Benefits Employer Mandates Healthcare IRS Pay or Play Shared Responsibility Rule

The ERISA Litigation Newsletter - January 2014

This month we look at part three of our three part series on Class Actions. In part three, Robert Rachal and M. Todd Mobley address the role of experts in class certification post Wal-Mart and Comcast and how to use and...more

1/21/2014 - Blue Cross Burden of Proof Cafeteria Plans Class Action Class Certification Comcast Contraceptive Coverage Mandate Daubert Standards Discrimination ERISA Flexible Spending Accounts General Motors Health Savings Accounts Human Resources Professionals IRA Predominance Requirement Rule 23 Same-Sex Marriage SCOTUS Subject Matter Experts Wal-Mart

Recent Guidance on Fixed Indemnity Plans—FAQ’s Relax Standards

As previously reported, the federal agencies responsible for drafting the rules implementing the Affordable Care Act (ACA) (the U.S. Labor Department, the U.S. Department of Health and Human Services and the U.S. Treasury...more

1/13/2014 - Affordable Care Act Healthcare HHS Indemnity Agreements U.S. Treasury

Departments Release Guidance on Dental and Vision Plans, EAPs, and "Wraparound" Coverage

On December 20, 2013, the Departments of Treasury, Labor, and Health and Human Services (collectively, the Departments) jointly issued proposed rules (Proposed Regulations) that would amend the regulations regarding excepted...more

1/3/2014 - Affordable Care Act EAP ERISA Healthcare HIPAA PCORI Transitional Reinsurance Program Wraparound Coverage

Final Regulations for the Mental Health Parity and Addiction Equity Act of 2008

On November 8, 2013, the Departments of Treasury, Labor, and Health and Human Services (collectively, the "Departments") jointly issued final regulations under the Mental Health Parity and Addiction Equity Act of 2008 (the...more

12/3/2013 - DOL Employee Benefits Employer Group Health Plans Healthcare HHS Mental Health Parity Rule MHPAEA U.S. Treasury

Supreme Court to Resolve Circuit Split in Health Care Reform Cases

The Supreme Court will review two of the numerous lawsuits challenging the Affordable Care Act’s (ACA) requirement that group health plans and insurers cover, without cost-sharing, contraceptives and/or abortifacients (the...more

12/2/2013 - Affordable Care Act Conflicts of Laws Contraceptive Coverage Mandate First Amendment Healthcare Healthcare Reform Hobby Lobby Religion RFRA

Massachusetts Repeals Fair Share Contribution, HIRD Form Requirements

Massachusetts has repealed two main components of its landmark 2006 heath care reform law. Effective July 1, 2013, employers are no longer required to make a "fair share" contribution (FSC) to employees' health insurance...more

7/25/2013 - Affordable Care Act Employee Benefits Employer Mandates Fair Share Law Health Insurance Healthcare Shared Responsibility Rule

IRS Releases Guidance For Employers and Others on the 2013 Medicare Taxes under the Affordable Care Act

On November 30, 2012, the Internal Revenue Service ("IRS") released proposed regulations and two sets of frequently asked questions implementing two new Medicare taxes under the Patient Protection and Affordable Care Act...more

12/10/2012 - 3.8% Medicare Tax Affordable Care Act FICA Taxes Medicare Taxes

20 Results
|
View per page
Page: of 1