Insurance Nonprofits

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Florida’s Immune System: No First-Party Bad Faith Claims Against The State-Created Property Insurer

Earlier this month, in Citizens Property Insurance Corp. v. Perdido Sun Condominium Association, Inc., No. SC14-185 (Fla. May 14, 2015), the Supreme Court of Florida held that the immunity from suit granted to Citizens under...more

Nowotny on Private Placement Group Variable Deferred Annuity Contracts for Tax Exempt and Foreign Investors [Video]

The Private Placement Group Variable Deferred Annuity Contract aka GAC has quietely been used by tax-exempt organizations for some time. As far as I can count, $50 billion of tax exempt transactions have utilized the GAC as a...more

Real Property, Financial Services & Title Insurance Update: Week Ending April 17 & 24, 2015

Statute of Limitations/Liens: one year statute of limitations to enforce equitable lien under Fla. Stat. sec. 95.11(5)(b) runs from last furnishing of labor, services, or material for improvement of real property; Fla. Stat....more

Illinois District Court Holds That a Plan Maintained by a Religiously Affiliated Organization Is Not a Church Plan

The United States District Court for the Northern District of Illinois recently had the opportunity to weigh in on the issue of whether a religiously affiliated employer was exempt from federal regulation of its employee...more

National Association of Registered Agents and Brokers Reform Act of 2015 Signed Into Law

The National Association of Registered Agents and Brokers Reform Act of 2015 (NARAB Reform Act) amends the Gramm-Leach-Bliley Act and establishes the National Association of Registered Agents and Brokers (Association). ...more

Religious Institutions Update: December 2014

Every year, religious institutions spend millions purchasing insurance of various types from insurance companies. Many will never make claims on the policies remotely equal to their annual investment in premiums. In these...more

State Moves To Strip Former LGC Insurance Pool Of Nonprofit Status

Despite a long-awaited state Supreme Court ruling, the legal wrangling between the state and the former Local Government Center continues. This time, the focus is on the HealthTrust risk pool, which insures roughly 50,000...more

A Continued Examination of Charitable Patient Assistance Programs Part Eight in a Series: What Products Say About Charitable PAPs

In today’s challenging health care environment, Charitable Patient Assistance Programs (Charitable PAPs) have emerged to meet the needs of the nearly 30 million Americans that are underinsured and have difficulty paying...more

A Continued Examination of Charitable Patient Assistance Programs Part Six in a Series: What the Scope of Services Says About a...

In today’s challenging health care environment, Charitable Patient Assistance Programs (Charitable PAPs) have emerged to meet the needs of the nearly 30 million Americans who are underinsured and have difficulty paying...more

"Survey of Nonprofit Risk Management"--What Does it Say?

How do nonprofits manage risk? Sometimes with hard business sense, and sometimes with a blend of faith and wishful thinking that is scary. Crystal & Company did a fascinating survey of nonprofit risk management that explains...more

Examining Charitable Patient Assistance Programs -- Careful Due Diligence Yields Responsible Investment Decisions

In today’s challenging health care environment, nearly 30 million Americans suffering from various chronic and life-threatening illnesses are underinsured and have difficulty paying their out-of-pocket medical costs....more

Who is a Large Employer Under Obamacare?

Among other things, the Patient Protection and Affordable Care Act (the “Act”), commonly referred to as Obamacare, requires “large employers” to provide qualified health coverage for all of their full-time employees, or pay...more

Damon Key's Legal Alert - Winter/Spring 2013

The Winter/Spring 2013 edition of Damon Key Leong Kupchak Hastert's Legal Alert, featuring articles on the firm's tradition of community service, the Group Builders issue (insurance coverage for construction defects), and...more

IRS Provides Additional Guidance for Non-Profit Hospitals

Last week, the IRS issued a Notice of Proposed Rulemaking (“2013 Proposed Rule”) regarding the community health needs assessment (“CHNA”) requirement of 26 U.S.C. § 501(r)(3) (added to the Internal Revenue Code by the...more

New Guidance for Tax-Exempt Hospitals on Community Health Needs Assessment and Other Section 501(r) Requirements

On April 5, the Treasury Department released proposed regulations that provide guidance on the community health needs assessment (“CHNA”) and other requirements for tax-exempt hospitals under section 501(r) of the Internal...more

Proposed Regulations Released on Contraceptive Coverage Exemption and Accommodation for Nonprofit Religious Employers

On January 30, the Departments of Treasury, Labor, and Health and Human Services (the “Departments”) released proposed regulations regarding contraceptive coverage for employees of religious employers. This guidance is the...more

Obama Administration Outlines Religious Accommodations for Contraception Coverage Mandate

Last week, federal regulators released a Proposed Rule outlining accommodations for religious employers that object to the Affordable Care Act’s contraception coverage mandate. The Proposed Rule expands the range of...more

Proposed Rules Issued On Contraceptive Coverage

The Affordable Care Act requires most health plans to cover certain women’s preventive services, including contraception, without charging a co-pay or deductible. On January 30, 2013, the Obama Administration released...more

Health Care Reform Blog: HHS Releases Proposed Rules on Contraceptive Coverage for Religious Organizations

Today HHS released proposed rules outlining how religious organizations that object to contraception on religious grounds can comply with the Affordable Care Act’s requirement that non-grandfathered health plans cover...more

OIG Approves Gift Cards to Encourage Clinical Visits to Health Center

In Advisory Opinion 12-21, the OIG concluded that a Federally qualified health center’s offer of grocery store gift cards to capitated managed care patients would not constitute grounds for the imposition of sanctions under...more

What the Local Government Center’s Reorganization Means to Communities (And Taxpayers)

This New Hampshire Public Radio Broadcast features Bernstein Shur Attorney Andru Volinsky. The on-going fight between the state of New Hampshire and one of the nation’s largest insurance risk pool managers is an...more

Religious Institutions Update: December 2012

Although the most significant changes for large employers are still to come, implementation of the Patent Protection and Affordable Care Act (ACA) (Public Law 111-148) is in full swing. Already, employers must offer nursing...more

AHA Submits Letter to IRS Requesting Updates to the Agency’s Private Business Procedure (Revenue Procedure 97-13) Based On PPACA...

In a letter dated November 15, 2012, the American Hospital Association (AHA) requested that the IRS update IRS Revenue Procedure 97-13 (Rev. Proc. 97-13) as part of its implementation of the Patient Protection Affordable Care...more

New law to help low-income defendants make bail: charities may now post misdemeanor bonds

Attorney Steven Getman reports that New York State enacted legislation today (July 18, 2012) that allows the creation of charitable organizations which could post up to $2,000 in bail for low-income defendants charged with...more

IRS Proposes New Detailed Rules for Tax-Exempt Hospitals on Charity Care, Emergency Care, Billing and Collection

On June 22, 2012, the Internal Revenue Service (IRS) released for publication in the June 26 Federal Register a proposed rule implementing several of the new requirements for tax-exempt organizations imposed under Section...more

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