Seyfarth Synopsis: A recent panel decision from the Ninth Circuit rejects an ERISA preemption argument that a Seattle ordinance regulating private sector health care should be nullified in order to safeguard the ERISA...more
Seyfarth Synopsis: Yesterday, the Supreme Court heard oral arguments on the most recent challenge to the Affordable Care Act. The case has the potential to invalidate the entire law. While the Court’s decision isn’t expected...more
Synopsis: Two Courts of Appeal reach opposite results on ERISA preemption, thus continuing the judicial quest for a definitive meaning of ERISA preemption. Stay tuned for more such decisions, and yet more Supreme Court...more
10/23/2019
/ Anti-Assignment Clauses ,
Appeals ,
Beneficiaries ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Health Care Providers ,
Health Insurance ,
Joint Tortfeasors ,
Medical Reimbursement ,
Motorcycle Accidents ,
Policy Terms ,
Preemption ,
Statutory Interpretation ,
Third-Party
The hyper-partisan political warfare in the American health care industry is far from over. But another small battle in a federal district court was just resolved in favor of the Trump Administration....more
Seyfarth Synopsis: The EEOC has withdrawn the incentive provisions in its ADA and GINA wellness program regulations. The remaining provisions have less bite as a consequence, especially in the ADA context. But HIPAA wellness...more
1/30/2019
/ Americans with Disabilities Act (ADA) ,
Disability Discrimination ,
Employee Incentive Plans ,
Employer Group Health Plans ,
Equal Employment Opportunity Commission (EEOC) ,
Final Rules ,
GINA ,
Health Insurance ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Regulatory Oversight ,
Regulatory Standards ,
Vacated ,
Wellness Programs
On December 14, 2018, District Judge Reed O’Connor of the United States District Court for the Northern District of Texas ruled that the Affordable Care Act or ACA (a/k/a “ObamaCare”) is unconstitutional and therefore...more