Sandy McDermott

Sandy McDermott

Wilson Elser

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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

2/13/2014 - Affordable Care Act Employer Mandates Health Insurance Shared Responsibility Rule U.S. Treasury Waiting Periods Wellness Programs

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

11/11/2013 - Beneficiaries Death Master Files Insurance Industry Life Insurance Unclaimed Life Insurance Benefits Act

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

11/4/2013 - Department of Financial Services Hurricane Sandy Mediation Property Damage

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

10/21/2013 - Affordable Care Act Health Insurance Exchanges Healthcare Open Enrollment

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

10/9/2013 - Affordable Care Act DOL Employer Mandates Healthcare HHS IRS Universities Wellness Programs

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

10/7/2013 - Affordable Care Act Employee Benefits Employee Rights Employer Liability Issues Employer Mandates ERISA Health Insurance Exchanges Healthcare Marketplace Notice Policy Violations

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

9/30/2013 - Affordable Care Act Delays Health Insurance Exchanges

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

7/26/2013 - Climate Change Flood Insurance Hurricane Sandy NAIC National Flood Insurance Program Natural Disasters Property Damage Reinsurance

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

5/6/2013 - Affordable Care Act Health Insurance Exchanges Insurance Agents Insurance Brokers Qualified Health Plans

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

4/29/2013 - Affordable Care Act Employer Mandates Excise Tax Full-Time Employees Health Insurance Exchanges Minimum Essential Coverage Reporting Requirements Shared Responsibility Rule

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

4/29/2013 - Affordable Care Act Health Insurance Exchanges Notice Requirements SHOP Program Small Business Tax Credits Wellness Programs

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

3/18/2013 - Compliance Department of Financial Services Forms Life Insurance Reinsurance

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

3/15/2013 - Annuities Compliance Department of Financial Services Life Insurance

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