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US Supreme Court Reaffirms ERISA Preemption Doctrine

The Court finds that ERISA preempts the state law “All Payer” data requirement. In a 6–2 decision issued on March 1, the US Supreme Court affirmed a US Court of Appeals for the Second Circuit decision holding that the...more

Supreme Court Update: Kansas V. Carr (14-449) And Order List

Wiggin and Dana just opened a shiny new office Washington, D.C., but it seems our arrival has been eclipsed by that of another force of nature in the nation's capital. Perhaps anxious to skip town before it's buried, the...more

Supreme Court Agrees to Hear Contraceptive Mandate Cases

As part of its requirement that non-grandfathered group health plans provide benefits for certain preventive care without cost sharing, the Affordable Care Act (“ACA”) requires these plans to cover at least one form of...more

Second Circuit Reminds Healthcare Providers to Seek Relief from Insurance Companies Under Their Own Contracts, Not the Insureds’...

In Rojas v. Cigna Health and Life Ins. Co., 793 F.3d 253, 258 (2d Cir. 2015), the Second Circuit joined several other circuits in holding that “healthcare providers are not ‘beneficiaries’ of an ERISA welfare plan by virtue...more

Supreme Court Agrees to Review Additional ACA Birth Control Mandate Cases

Last week, the U.S. Supreme Court agreed to hear the consolidated appeals of seven cases involving employer provision of birth control under the Affordable Care Act. In its 2013 Hobby Lobby case, the Court concluded that the...more

United States Supreme Court Tees Up Sequel to “Hobby Lobby” Decision

As we previously reported, in June 2014, the U.S. Supreme Court confirmed in Burwell v. Hobby Lobby that closely-held corporations with religious owners could “opt out” from the Affordable Care Act’s (“ACA” or “Act”)...more

Employee Benefits Implications of Supreme Court Decision on Same-Sex Marriage

On June 26, 2015, in Obergefell v. Hodges, the Supreme Court of the United States determined that it is unconstitutional for a state to ban same-sex couples from exercising the fundamental right to marry. As a result of this...more

Supreme Court Upholds Obamacare Tax Subsidies

Yesterday the United States Supreme Court announced its decision upholding tax subsidies for individuals who obtain health coverage in a state that has a Federal Exchange. The Court's 6-3 opinion in King v. Burwell is here...more

King v. Burwell – Supreme Court Confirms Tax Subsidies are Available in All States

In an earlier blog post this year, I discussed the King v. Burwell case and the possible ramifications if the United States Supreme Court did not uphold the Internal Revenue Service position that residents in states with...more

Supreme Court Upholds ACA Subsidies: What’s Next?

On Thursday, June 25, the Supreme Court of the United States issued its much anticipated ruling in King v. Burwell, the second major Court challenge to a core element of the Affordable Care Act (“ACA”). The Court, by a 6-3...more

King v. Burwell Decision Upholds Subsidies in Federal Exchanges

On June 25, 2015, the Supreme Court of the United States ruled in King v. Burwell that the Affordable Care Act (ACA) requires premium tax credits to be made available in states that use a federal exchange. The case challenged...more

US Supreme Court Issues Landmark Decision Upholding Current ACA Structure

Now is the time for employers to focus on next steps. Yesterday, the US Supreme Court, in a 6–3 decision, held that the Internal Revenue Service (IRS) regulations issued in 2012 under the Affordable Care Act (ACA)...more

U.S. Supreme Court Upholds Affordable Care Act Subsidies in Federal Exchanges

On Thursday, June 25, the U.S. Supreme Court ruled that consumer subsidies can continue to be provided through both federal and state health insurance marketplaces under the Affordable Care Act (ACA). In King v....more

Of Interest: U.S. Supreme Court Saves Obamacare a Second Time

Note: Though the Supreme Court's decision in King v. Burwell (issued yesterday) does not directly implicate an employment issue, the opinion is quite significant and likely of interest to many employers who have been...more

Blog: Supreme Court Upholds Federal Exchange Tax Subsidies in King v. Burwell

Yesterday, the Supreme Court issued its highly anticipated ruling in King v. Burwell. The case questioned whether individuals who purchased health insurance through the federal Healthcare.gov marketplace were entitled to...more

The Affordable Care Act Dodges Another High Court Bullet

The U.S. Supreme Court’s 6-3 decision in King v. Burwell does more than resolve a question of statutory construction about whether Congress intended for federal tax subsidies to be available to reduce consumer spending on...more

ALERT – Supreme Court Upholds Affordable Care Act Insurance Subsidies

In a 6-3 decision on Thursday, June 25th, the United States Supreme Court upheld the legality of the government healthcare insurance subsidies provided under the Patient Protection and Affordable Care Act (“ACA”) in the case...more

Obamacare Survives Second Supreme Court Challenge

The Affordable Care Act has survived another serious challenge – again through an opinion authored by Chief Justice Roberts. Today’s 6 to 3 Supreme Court decision in King v. Burwell held that the Administration’s...more

SCOTUS Upholds Obamacare (again)

Justice Roberts delivered the opinion of the U.S. Supreme Court today in King v. Burwell. In a 6 to 3 decision, the Court upheld an interpretation of the Affordable Care Act which permits premium tax credits for individuals...more

Supreme Court Upholds ACA Subsidies on Federal Exchanges: McGuireWoods Healthcare Reform Guide: Installment No. 51

This is the 51st in a series of WorkCite articles concerning the Patient Protection and Affordable Care Act and its companion statute, the Health Care and Education Reconciliation Act of 2010 (referred to collectively as the...more

Supreme Court Decides King v. Burwell

On June 25, 2015, the Supreme Court of the United States decided King v. Burwell, No. 14-114, holding that tax credits authorized under the Patient Protection and Affordable Care Act are available to individuals who purchase...more

United States Supreme Court Upholds the Affordable Care Act Subsidies

As we previously reported, one of the greatest challenges to the Affordable Care Act (“ACA” or “Act”) came in King v. Burwell, otherwise known as the Obamacare subsidy lawsuit, where the plaintiffs challenged the ACA...more

U.S. Supreme Court Upholds Obamacare Premium Tax Subsidies

Action Item: Yesterday's Supreme Court ruling to uphold the premium tax subsidy regime of the Affordable Care Act is of critical importance to individuals and employers alike regarding the availability of federal tax...more

SCOTUS Delivers Opinion in Pregnancy Discrimination Battle

Supreme Court Revives Pregnancy Discrimination Suit But Denies Pregnant Employees “Most-Favored-Nation” Status On March 25, 2015, the Supreme Court revived an employee’s pregnancy discrimination suit against UPS, finding that...more

The Affordable Care Act Part Three – Upcoming Requirements & the Impact Recent Judicial Decisions Have on the ACA

This is the last of our three part series on the Affordable Care Act (“ACA” or “Act”), commonly known as “ObamaCare.” This post discusses upcoming requirements under the ACA and judicial decisions that have impacted or may...more

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