Civil Rights, Insurance

The Legal and Regulatory Landscape for Wellness Plans: The Affordable Care Act and Beyond

by Katharine O. Beattie, Patricia Moran | Mintz Levin - Health Law on 5/15/2013

The Patient Protection and Affordable Care Act (the ‘‘Act’’) generally encourages employers to adopt wellness plans and programs in conjunction with their group health plans. Wellness plan vendors tout these arrangements with...more

Proskauer’s DOMA Task Force

by Roberta Chevlowe | Proskauer - ERISA Practice Center on 5/14/2013

Proskauer’s Employee Benefits Practice Center’s DOMA Task Force, which is comprised of lawyers from our offices nationwide, regularly advises employers and other plan sponsors on the myriad benefits issues that arise in the...more

EEOC Hears Testimony Concerning Employer Wellness Programs and the Need for Agency Clarification

by Matt Nusbaum | Proskauer - Government Contractor Compliance... on 5/8/2013

Leslie Silverman, former EEOC Commissioner, now Co-Chair of Proskauer’s Government Regulatory and Contract Compliance Group, was part of a panel that testified before the EEOC today concerning the need for clearer guidance...more

Let the Seller Beware: Hospitals Treating HMO Patients Employed by the Federal Government are “Subcontractors” Governed by...

by Theodore A. Olsen | Sherman & Howard L.L.C. on 5/6/2013

When a health plan/HMO ("Plan") provides group health coverage to employers, including the federal government, the hospitals that treat federal employees under a contract with the Plan are government "subcontractors" subject...more

DOES AUTHORITY EXIST FOR CRIMINAL PROSECUTION FOR VIOLATIONS OF BAIL LICENSING LAWS WITHOUT CERTIFICATION OF CRIMES BY THE...

by Bonnie Merrick on 5/6/2013

California attorney Joseph Cavallo was convicted of violating Title 10, CCR section 2071, "recommendation of attorney by bail licensee". The authority to prosecute violations of the bail licensing regulations lies with the...more

Healthcare Update, No. 2, May 2013 - Court Upholds OFCCP's Jurisdiction Over Healthcare Providers

by Cheryl Behymer, Richele Taylor | Fisher & Phillips LLP on 5/1/2013

A federal district court has confirmed the position of the Office of Federal Contract Compliance Programs (OFCCP) finding that three hospitals providing medical services to U.S. government employees, and receiving payments...more

EEOC Requires Reasonable Accommodations For Wellness Plans

by Angela Bohmann | Leonard, Street and Deinard - Employee... on 5/1/2013

Many employers are offering wellness programs to employees in connection with their health plans and are aware of the HIPAA regulations that govern such programs. Although employers design their wellness programs to conform...more

OFCCP Enforcement Powers Expanded Over Healthcare Industry

by Amanda Pennington, Jaime Ramon, Caleb Wood | K&L Gates LLP on 4/29/2013

In a case closely monitored by the healthcare industry, a recent decision from the United States District Court for the District of Columbia expanded the jurisdiction of the Office of Federal Contract Compliance Programs...more

Court Ruling May Subject Hospitals and Health Care Providers to OFCCP Regulation

by Betsy Carroll, Candice Petty, Katharine Tylee | Davis Wright Tremaine LLP on 4/19/2013

Hospitals, health care providers, and managers of other businesses across the country may be surprised to learn that under a new federal court ruling, their organizations may now qualify as government contractors or...more

Health Reform + Related Health Policy News Update - April 2013

by Jane Arnold, Anika Clifton, Thomas Donohoe, Colleen M. Faddick, Matthew Murer, Alan K. Parver, Emily Wey | Polsinelli on 4/17/2013

In this Issue: - Top News ..Large Hospital Systems Settles for $25.5 Million for False Claims Act Allegations ..Catholics’ Challenge to Contraceptive Coverage Mandate Dismissed As Not Ripe - States...more

Wellness Programs Can Reduce Health Care Costs, But Can Your Bank Afford the Legal Risks?

by Katheryn Bradley, Craig Day, Mark McBride | Lane Powell PC - Labor & Employment Law on 4/15/2013

One option is wellness programs, which provide employees with incentives to engage in healthy behaviors. These programs have spread in both size and importance. According to one survey, 68 percent of employers provided...more

Health Care Providers Beware — You May Be a Governmental Contractor

by Daniel A. Kaplan, Mark Neuberger | Foley & Lardner LLP on 4/12/2013

Executive Order 11246 (Order) was first issued in September 1965 by President Johnson. Its purpose was to prohibit race, religion, color, and national origin discrimination by federal contractors and subcontractors and...more

Hospitals that Provide Services to Government Employees Through an HMO are Government Contractors, Court Rules

by King & Spalding on 4/10/2013

Healthcare providers who treat government employees through a health maintenance organization are government subcontractors subject to the jurisdiction of the Office of Federal Contract Compliance Programs (OFCCP), according...more

Higher Insurance Premiums For Smokers And The Obese

by Cynthia A. Augello | Cullen and Dykman LLP on 4/9/2013

The perils of smoking and obesity have long been the topic of conversation in doctors’ offices and between nagging family members. However, employers are jumping on the bandwagon by imposing higher health insurance premiums...more

Health Care Services Providers to Federal Health Plan Members Subject to Federal Affirmative Action Compliance Audit

by Jonathan Cain | Mintz Levin - Health Law on 4/9/2013

On March 30, the US District Court for the District of Columbia held that three University of Pittsburgh Medical Center-affiliated hospitals were federal subcontractors to an HMO that provided a managed care health plan to...more

Federal District Court Affirms U.S. Department of Labor's Position that Healthcare Providers Participating in HMOs for Federal...

by Alissa Horvitz, Jade Cobb Murray, Joshua Roffman | Littler on 4/9/2013

In a long-awaited decision, the U.S. District Court for the District of Columbia ruled that three hospitals that provide medical services through a Health Maintenance Organization (HMO) to individuals covered by the Federal...more

Federal District Court Holds that OFCCP Has Jurisdiction Over Hospitals That Provide Services to HMOs Retained by Federal...

by Daniel Davis | Proskauer - Government Contractor Compliance... on 4/4/2013

Earlier this week, the federal district court for the District of Columbia ruled that three hospitals providing medical services through an HMO to U.S. government employees are “subcontractors” subject to OFCCP’s...more

Are You Considering Conditioning A Job Offer On An Agreement That The Applicant's Disabled Dependent Won't Enroll In The Health...

by Beth Alcalde | Akerman Senterfitt on 4/3/2013

Traditional employment laws often interact with traditional employee benefit laws. One such example is the Americans with Disabilities Act (ADA)'s impact on employer-sponsored group health plans. As group health plan costs...more

ObamaCare’s Whistleblower Protections Go Into Effect

by Peter Felsenfeld | Barger & Wolen on 3/1/2013

Though President Obama and Congress established broad requirements in the Affordable Care Act (aka ObamaCare), they tasked federal agencies with filling in myriad blanks regarding implementation. The agency rules that are...more

$28 Million Verdict Against Illinois Nursing Home Liable Under False Claims Act & Illinois Whistleblower Reward And Protection Act

by Daniel Davis, Harris M. Mufson, Steven J. Pearlman | Proskauer - Whistleblowing & Retaliation on 2/26/2013

On February 11, 2013, a jury in federal district court in Illinois found a nursing home operator (Company) liable under the False Claims Act and the Illinois Whistleblower Reward and Protection Act for fraudulent billing and...more

Amended Pregnancy Regulations Expand Protections for Employees Disabled by Pregnancy or Perceived as Pregnant

by Paul Bressan, Joshua Mizrahi | Buchalter Nemer on 2/11/2013

All California employers with five or more full- or part-time employees must comply with the California Fair Employment and Housing Commission’s (“FEHC”) amended pregnancy regulations that went into effect December 30, 2012....more

Immigration Alert: January 2013

by Pierre Georges Bonnefil, Patrick Brady, Robert Groban, Jang Hyuk Im, Greta Ravitsky | Epstein Becker & Green, P.C. on 1/30/2013

In this issue: - H-1B Nonimmigrant Season Opens on April 1, 2013, for Fiscal Year 2014 - Report Finds Immigration Laws Frustrate the Admission of Critical Health Care Professionals - Senators Offer...more

LICENSES FOR ILLEGAL ALIENS---IT’S A SAFETY AND UNINSURED MOTORIST ISSUE FOR ALL DRIVERS! FORGET ABOUT ILLEGAL ALIEN----BE...

by Barry P. Goldberg, A Professional Law... on 1/16/2013

In California, illegal unlicensed aliens are three times more likely to cause a fatal collision than the rest of the motoring public. This recent statistic has revived public outcry to have all California drivers licensed...more

Fair Housing Group Accuses Insurance Company Of Redlining

by BuckleySandler LLP on 1/9/2013

On December 21, the National Fair Housing Alliance (NFHA) announced that it filed with HUD a housing discrimination complaint against a major insurance company regarding the offering of hazard insurance in a certain...more

2013 Employment Law Update - New Developments in Employment Law 2013

by Shirley Jackson, Erik P. Khoobyarian, Ernest M. Malaspina, Richard M. Noack, Daniel F. Pyne III, Karen Reinhold | Hopkins & Carley on 1/4/2013

In this update: - 2013 Schedule of Seminars - Wage & Hour - New Laws Impacting Hiring Practices - Discrimination & Harassment - Developing Law Regarding Employer Arbitration Agreements - Employer...more

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