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McDermott+

McDermott+ Check-Up (Special Regulatory Edition): October 11, 2024

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Congress Continues Election Recess. Members are on the campaign trail and are scheduled to return for the lame duck session on November 12, 2024. CMS Releases Proposed NBPP for 2026. The proposed Notice of Benefit and...more

Genova Burns LLC

10th Birthday Wishes to the Affordable Care Act’s Employer Mandate

Genova Burns LLC on

The Patient Protection and Affordable Care Act (“ACA”) was signed into law by President Obama on March 23, 2010. ACA affected health insurance coverage, costs and preventive care. It also established the Health Insurance...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Legal Toolkit for Hurricane Response and Recovery

Hurricanes Helene and Milton have deeply impacted communities across the eastern United States, leaving many individuals and businesses facing significant challenges. In the aftermath of these storms, the legal and governance...more

Houston Harbaugh, P.C.

Pennsylvania Superior Court Holds That Employer’s Liability Exclusions May Not Bar Coverage For Asbestos Claims Of An Employee’s...

Houston Harbaugh, P.C. on

Employer’s Liability Exclusions typically apply to claims for bodily injury to employees arising out of and in the course of their employment by the insured. But, to what extent might such exclusions apply to claims for...more

ArentFox Schiff

Investigations Newsletter: US Supreme Court Declines to Consider AKS ‘Willfulness’ Question

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US Supreme Court Declines to Consider AKS ‘Willfulness’ Question - On October 7, the US Supreme Court denied a petition in which a whistleblower asked the Court to decide whether a “willful” act under the federal...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Prudential Regulation Authority Discusses Recent Reforms to the UK (Re)insurance Market

The Prudential Regulation Authority’s (PRA’s) director of insurance supervision, Shoib Khan, recently clarified the PRA’s approach to the UK (re)insurance market, including in the following key areas...more

Lowenstein Sandler LLP

Cyber Insurance for Operational Technology: Where Computers Touch the Real World

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On this episode of “Don’t Take No for An Answer,” Lynda A. Bennett, Chair of Lowenstein’s Insurance Recovery Group, speaks with David Anderson, Vice President of Cyber at Woodruff Sawyer, about the difference between...more

McDermott+

CMMI’s Accountable Care Strategy: A Perspective

McDermott+ on

McDermott+ is pleased to bring you Regs & Eggs, a weekly Regulatory Affairs blog by Jeffrey Davis. Click here to subscribe to future blog posts. October 10, 2024 – For several years, the Center for Medicare & Medicaid...more

Mintz

Hawaii Supreme Court Rules That Insurance Policies Do Not Cover Fossil Fuel Companies' Climate Change Damages Caused by Greenhouse...

Mintz on

This week, the Hawaii Supreme Court--in response to certified questions of law from the federal district court in Hawaii--held that the insurance policies purchased by fossil fuel companies in Hawaii would not provide...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Bermuda Monetary Authority Issues Papers on Collateral Structures, Liquidity Risk and Private Credit

Increased strengthening of the global regulatory landscape in the (re)insurance industry has led to a similar increase in engagement between regulators and those they regulate. Specifically, Bermuda continues to be an...more

Wiley Rein LLP

No Coverage for Class Action Claim First Made When Asserted in Counterclaim Before Coverage Period

Wiley Rein LLP on

The United States District Court for the District of Kansas, applying Kansas law, has held that an insured is not entitled to coverage under a claims-made-and-reported policy because the tendered class action counterclaim was...more

King & Spalding

OIG Report Concludes That CMS Needs to Strengthen its Oversight of Remote Patient Monitoring

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On September 24, 2024, OIG released a report recommending that CMS exercise additional oversight of remote patient monitoring (RPM) services provided to Medicare beneficiaries. Medicare reimburses RPM for any chronic or acute...more

Fisher Phillips

Open Enrollment Season in the Workplace: 5 Legal Considerations + Employer Takeaways

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Open enrollment season can put a spotlight on the many complex rules applicable to employer-sponsored health and welfare plans. As you announce your benefit offerings for the upcoming plan year and tirelessly work to inform...more

Jones Day

Maximizing Insurance Recoveries for Hurricane Helene Losses and the Remainder of the 2024 Hurricane Season

Jones Day on

The Situation: On September 26, 2024, Hurricane Helene made landfall and left a path of destruction from the Florida coast through North Carolina, with total insured losses estimated in the tens of billions of dollars....more

Woodruff Sawyer

Protecting Your Revenue with Trade Credit Insurance (TCI)

Woodruff Sawyer on

Why do companies go to such great lengths to insure almost every aspect of their business, but fail to look out for the one component without which they couldn't survive? Companies can't live without revenue, yet less than 5%...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Greenhouse Gas Emissions/Pollution Exclusion: Hawaii Supreme Court Addresses Insurance Coverage Issue Arising in Climate Change...

The Supreme Court of the State of Hawaii (“Hawaiian Court”) addressed in an October 7th Opinion an insurance coverage issue arising in a climate litigation matter. See Aloha Petroleum, Ltd. vs. National Union Fire Insurance...more

Carlton Fields

NAIC Privacy Draft Model Gets Its Balloon Burst

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After years of development work, the National Association of Insurance Commissioners’ Privacy Protections Working Group’s efforts are again caught in a windstorm. ...more

Carlton Fields

NAIC Still Juggling Multiple AI and Machine Learning Initiatives

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The many balls that the various National Association of Insurance Commissioners groups currently have in the air focusing on life insurers’ use of artificial intelligence and machine learning were reflected in the reports...more

Manatt, Phelps & Phillips, LLP

CMS Releases Guidance Outlining Expectations for State Compliance with Medicaid & CHIP Renewal Requirements

On September 20, 2024, the Centers for Medicare & Medicaid Services (CMS) issued guidance detailing the timeline and expectations for states to fully comply with federal Medicaid and Children’s Health Insurance Program (CHIP)...more

Downs Rachlin Martin PLLC

CMS – the Federal Agency that Administers Medicare and Medicaid – Recognizes Traumatic Brain Injury as a “Chronic Health...

For more than a decade this blog has covered the growing recognition by policy makers and in the peer reviewed literature that traumatic brain injuries (TBIs) of all kinds should not be treated as a static event from which...more

Goldberg Segalla

Wrongful Death Claim Dismissed in Case Involving Louisiana Statute of Limitations Rule

Goldberg Segalla on

The U.S. District Court for the Eastern District of Louisiana — in Ragusa v. Louisiana Insurance Guarantee Association (October 8) — weighed in whether the state’s LIGA statutes violated the Louisiana Supreme Court rule that...more

Brownstein Hyatt Farber Schreck

2025 Deadline for Health Insurance Subsidies Looms Over Elections

As part of the Inflation Reduction Act (IRA), signed into law in August 2022, Congress passed a three-year extension of enhanced subsidies for individuals purchasing their own health coverage on the Affordable Care Act (ACA)...more

Epstein Becker & Green

Final Mental Health Parity Rules Released: Next Steps for Employers

Epstein Becker & Green on

On September 23, 2024, the U.S. Departments of Health and Human Services, Labor, and the Treasury (collectively, the “Departments”) issued a final rule (“Final Rule”) implementing amendments made by the Consolidated...more

Bradley Arant Boult Cummings LLP

When Is “Yours” Not Yours? Pennsylvania Superior Court Interprets “Your Computer” Definition in Commercial Property Policy

Sometimes defining the simplest phrases proves anything but simple. So learned the insurer in a property loss and bad faith case brought by its insured and decided earlier this year by the Pennsylvania Superior Court...more

Pillsbury - Policyholder Pulse blog

Hurricane Insurance Checklist

The below checklist includes essential considerations and steps to take for property owners and businesses that stand to be affected by hurricanes....more

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