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2014: The Affordable Care Act Is Alive and Well – Are You Ready?

The U.S. Department of the Treasury (Treasury) recently announced yet another delay in the Employer Shared Responsibility (ESR) provisions of the Affordable Care Act (ACA). While this latest suspension in the enforcement of...more

Recent Court Decisions Concerning Unclaimed Life Insurance Benefits Can Assist Insurers in Defending Regulatory Audits and Future...

Perhaps the most significant litigation, regulatory and compliance issues facing life insurance companies can be found in the unclaimed property audits, multi-state regulatory settlements and class action lawsuits surrounding...more

A Superstorm Sandy Retrospective: How the Actions of New York Regulators May Shape Responses to Future Natural Disasters

A year after Superstorm Sandy came ashore, the New York Department of Financial Services (Department) issued Circular Letter No 8 of 2013 to inform New York licensed property/casualty insurers of the regulatory standards they...more

As the “NY State of Health” Enters Its Third Week, a Look at the Role of Navigators

New York’s Health Insurance Marketplace, officially called the NY State of Health, has entered its third week of operation, and as of October 8, 2013, had enrolled 40,000 New York residents in health insurance plans offered...more

ACA Not Enough to Save Penn State’s Employee Wellness Program

Recent negative media reports caused Pennsylvania State University to modify its employee wellness program, making clear that considering compliance with the Patient Protection and Affordable Care Act of 2010 (ACA) alone is...more

Evaluating Employer Insurance Coverages to Defend against Claimed Violations of the Affordable Care Act

Employers have long been subject to lawsuits brought by employees for employment actions such as wrongful termination, discrimination and harassment. With the opening this week of the Health Insurance Marketplaces and the...more

Administration Delays Launch of Federally Facilitated Small Business Health Insurance Exchanges

In 35 states where the federal government is taking a lead role in the development of the health insurance exchanges, small businesses will be required to wait until November to complete their online purchases of health...more

A Call for Forward-looking Disaster Risk Evaluation and Greater Private Sector Involvement amid Surveys, Estimates and Statistics

In recent years, Mother Nature has taken a toll on the insurance industry. Superstorm Sandy cost the United States approximately $70 billion in direct damages to business owners and homeowners in the storm’s path and lost...more

Navigators & Agents and Brokers: How They Fit into the Health Insurance Exchange Formula

The Affordable Care Act (ACA) requires Health Insurance Exchanges (Exchanges) to establish a Navigator Program. In general terms, Navigators are the “public face” of the Exchange – they are charged with educating the public...more

Affordable Care Act: Shared Responsibility for Applicable Large Employers

An employer who employed an average of 50 or more full-time employees during the previous calendar year is an “Applicable Large Employer” under the Shared Responsibility provisions of the Affordable Care Act (ACA). The Shared...more

Affordable Care Act: Health Insurance Exchanges and Other Issues for Small Employers

The Affordable Care Act (ACA) has a variety of implications for small employers and their employees. Under the Qualified Health Plan and Health Insurance Exchange provisions of the ACA, the term “small employer” is defined as...more

New York Imposes New Filing Requirements for Submission of Universal Life Policies with Secondary Guarantees

The New York Department of Financial Services (Department) recently revised New York Insurance Regulation 147 by adopting the revisions to Actuarial Guideline 38, which were outlined in our October 2012 Alert, NAIC Adopts...more

NY Revising Policy Form Filing Process: Random Forms Filed under Certification Procedure to Be Subject to Prior Review

In 2004, the New York Department of Financial Services (Department) issued Circular Letter No. 6 (CL 6), instituting a streamlined certification procedure process to improve “speed to market” for life insurance and annuity...more

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