On March 23, 2010, President Obama signed the Patient Protection and Affordable Care Act of 2010 ("PPACA"). Shortly thereafter, the Health Care and Education Reconciliation Act of 2010 ("HCERA") was signed into law. PPACA...more
On May 8, 2013, the Department of Labor (DOL) issued additional guidance to help employers comply with upcoming requirements under the Patient Protection and Affordable Care Act of 2010 (the "Affordable Care Act" or "ACA"). ...more
Our articles this month focus on health care reform. First, Jim Napoli and Brian Neulander comment on the potential for litigation under the Affordable Care Act's (ACA's) whistleblower protections and ERISA Section 510 as a...more
The U.S. Department of Labor (DOL) recently issued model notices that employers may use to satisfy the Health Insurance Marketplace notice required beginning October 1, 2013....more
The Department of Labor (DOL) recently revised the model COBRA election notice to include information regarding the health care exchanges and to eliminate references to exclusions for pre-existing conditions (since such...more
On May 8, 2013, the U.S. Department of Labor (DOL) issued temporary guidance for employers to help them meet their obligations to notify employees of their health insurance exchange coverage options. State health insurance...more
If you and your children are covered by your spouse’s health insurance plan and you’re contemplating divorce, the time to consider how you will be covered after divorce is now....more
All employers who employ one or more employees and are subject to the Fair Labor Standards Act (“FLSA”) must provide a new notice to employees no later than October 1, 2013 regarding the availability of health coverage under...more
On May 8, 2013, the Employee Benefits Security Administration of the U.S. Department of Labor ("DOL") issued Technical Release No. 2013-02 ("Release") providing important guidance under the Patient Protection and Affordable...more
On May 8, 2013, the U.S. Department of Labor (DOL) issued guidance and model forms to assist employers in fulfilling their obligations under the Affordable Care Act (ACA) to notify employees of the availability of health care...more
On May 8, 2013, the Department of Labor (DOL) issued long-awaited temporary guidance and a model notice to be provided to employees about upcoming coverage options through the health care exchange, known as the Marketplace,...more
The U.S. Department of Labor has issued model notices for informing existing employees and new hires of health coverage options which will be available through the new marketplace of state and federally supported health...more
Come 2014, the Health Insurance Exchanges will provide another option to COBRA “qualified beneficiaries” who are considering whether to elect to continue health coverage under an employer’s group plan....more
The U.S. Department of Labor (DOL) has published guidance on the notice that most employers must provide to their employees by October 1, 2013, about the insurance that will be available through health care marketplaces known...more
In this issue: - Shearman & Sterling Secures Favorable Settlement of $807 Million IRS Claim Against Ambac Financial Group - AIG Case Requires Economic Substance for Transactions Generating Foreign Tax Credits -...more
Last week, the U.S. Supreme Court heard oral arguments in United States v. Windsor, 12-307, a case that raises the question of whether the Defense of Marriage Act (DOMA) is constitutional. Among the various groups that are...more
On March 21, 2013, the House of Representatives approved a spending bill that would provide funding for the federal government through September 30. The Senate had already passed the bill and President Obama is expected to...more
As part of the Patient Protection and Affordable Care Act, the U.S. Department of Health and Human Services (HHS) recently released final regulations regarding the transitional reinsurance program fee effective in CY 2014. ...more
Journal of Health and Social Behavior by the University of Michigan in December 2012 revealed that on average 115,000 women each year lose private health insurance benefits after a divorce, and of this 115,000, more than half...more
In our 2012 End of Year Plan Sponsor “To Do” Lists, we indicated that there was a strong possibility that the Supreme Court would grant certiorari this term in a series of cases challenging Section 3 of the Defense of...more
In This Issue: - Editor's Overview - View from Proskauer: Are Your Conversations Privileged under ERISA? - Rulings, Filings, and Settlements of Interest ...more
The IRS and the U.S. Department of Health and Human Services (HHS) have issued two important pieces of guidance under the Patient Protection and Affordable Care Act regarding the responsibilities imposed on individuals to...more
With the Supreme Court's first oral arguments of 2013 underway this week, there are several employment-related cases of note still awaiting decisions....more
The Supreme Court will address same-sex marriage for the first time in adding a pair of closely-watched cases from California and New York to its schedule. The New York case involves the Defense of Marriage Act (DOMA), the...more
Employers are generally aware that medical plans are subject to continuation coverage under the federal law known as COBRA. They may forget that COBRA extends to all group health plans, including dental, vision and medical...more
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