Hospital and Fixed Indemnity Policies; Excepted Benefits; Supplemental Coverage under Recently Proposed Treasury Regulations; and Central United Life v. Burwell

by Mintz Levin - Employment Matters
Contact

We reported in a recent post on proposed regulations dealing with, among other things, the treatment of hospital indemnity or other fixed indemnity insurance products in the group market. This post takes a closer look at the future of these products under the proposed rules and in light of a recent case, Central United Life v. Burwell, which struck down a final Department of Health and Human Services regulation requiring policyholders to certify that they had Affordable Care Act (ACA)-complaint minimum essential coverage in addition to fixed indemnity coverage for the latter to qualify as an excepted benefit. While the regulation in issue in Central United Life governed the individual market, the case’s reasoning could inform the final regulations governing hospital and fixed Indemnity policies in the group market.

We conclude that, in the absence of some significant changes to the proposed regulations, the market for hospital and fixed Indemnity policies is headed for some upheaval.

Background

The term “voluntary” has more than one meaning in the benefits context: Voluntary benefits or products can mean and refer to:

  • Benefits that are exempt from coverage under the Employee Retirement Income Security Act (ERISA) pursuant to a Department of Labor final regulation;
  • A broad range of employee-pay-all insurance products and coverages including life, disability, critical illness, accident, hospital and fixed indemnity, and even pet insurance; and
  • Hospital indemnity or other fixed indemnity insurance and/or critical illness policies that are subject to ERISA but intended to qualify as HIPAA “excepted benefits.”

It is this last meaning—i.e., hospital/fixed indemnity coverage—that is the subject of this post. When properly structured as excepted benefits, these policies are exempt from the myriad insurance market and other mandates imposed by the ACA. As a practical matter, these policies are commercially viable only if they are exempt from the ACA.

Individual vs. Group Markets

The market for hospital/fixed indemnity products is bifurcated into “individual” and “group” products.

  • Group hospital/fixed indemnity products are those that are made available under an “employee welfare benefit plan” as that term is defined and described under ERISA. (These plans can nevertheless escape regulation under ERISA if the plan satisfies a regulatory safe harbor for “voluntary” arrangements—within the meaning of the first bullet point above.) Under final regulations issued by the Departments of Health and Human Services, Labor and Treasury, in order for a hospital/fixed indemnity product to qualify as an excepted benefit in the group market (i) benefits must be provided under a separate policy, certificate, or contract of insurance; (ii) there can be no coordination between the provision of the benefits and an exclusion of benefits under any group health plan maintained by the same plan sponsor; (iii) the benefits must be paid with respect to an event without regard to whether benefits are provided with respect to the same event under any group health plan maintained by the same plan sponsor; and (iv) the benefit must consist of a fixed dollar amount per day (or per other period) of hospitalization or illness (e.g., $100/day) regardless of the amount of expenses incurred.
  • The Department of Health and Human Services (HHS) has interpretive authority over the Public Health Service Act (“PHS Act”) for individual market products. Final HHS rules issued in 2014 impose four requirements that must be satisfied for a “hospital or other fixed indemnity product” to qualify as an excepted benefit: (i) benefits must be provided only to individuals who have other health coverage that qualifies as “minimum essential coverage;” (ii) there must be no coordination between the provision of benefits and an exclusion of benefits under any other health coverage: (iii) benefits must be paid in a fixed dollar amount per period of hospitalization or illness and/or per service, regardless of the amount of expenses incurred and without regard to the amount of benefits provided with respect to the event or service under any other health coverage; and (iv) notice in the form prescribed in the regulation clearly identifying the product as other than “major medical coverage” must be provided to the purchaser.

While this post focuses principally on the group market, the individual market rules are important in the context of the Central United Life case, which is discussed in the next section.

The January 2013, FAQ

In an FAQ issued January 24, 2013, the Departments of Health and Human Services, Labor and Treasury/IRS (the “Departments”) focused on hospital indemnity or other fixed indemnity policies in the group market that paid benefits other than on a “per period” basis. The regulators objected to the practice of paying benefits on a “per service” basis, saying:

Various situations have come to the attention of the Departments where a health insurance policy is advertised as fixed indemnity coverage, but then covers doctors’ visits at $50 per visit, hospitalization at $100 per day, various surgical procedures at different dollar rates per procedure, and/or prescription drugs at $15 per prescription. In such circumstances, for doctors’ visits, surgery, and prescription drugs, payment is made not on a per-period basis, but instead is based on the type of procedure or item, such as the surgery or doctor visit actually performed or the prescribed drug, and the amount of payment varies widely based on the type of surgery or the cost of the drug. Because office visits and surgery are not paid based on “a fixed dollar amount per day (or per other period),” a policy such as this is not hospital indemnity or other fixed indemnity insurance, and is therefore not excepted benefits. When a policy pays on a per-service basis as opposed to on a per-period basis, it is in practice a form of health coverage instead of an income replacement policy. Accordingly, it does not meet the conditions for excepted benefits.

According to the regulators, “[w]hen a policy pays on a per-service basis as opposed to on a per-period basis, it is in practice a form of health coverage instead of an income replacement policy.” But he requirement that benefits be paid on the basis of an “amount per day (or per other period)” and not on a per-service basis appears nowhere in the statute. It is, rather, a regulatory contrivance. Here is the relevant portion of the statue (HIPAA, Title I, section 101):

(c) EXCEPTION FOR CERTAIN BENEFITS IF CERTAIN CONDITIONS MET.—

(1) LIMITED, EXCEPTED BENEFITS.—The requirements of this part shall not apply to any group health plan (and group health insurance coverage offered in connection with a group health plan) in relation to its provision of excepted benefits described in section 706(c)(2) if the benefits—

(A) are provided under a separate policy, certificate, or contract of insurance; or

(B) are otherwise not an integral part of the plan.

(2) NONCOORDINATED, EXCEPTED BENEFITS.—The requirements of this part shall not apply to any group health plan (and group health insurance coverage offered in connection with a group health plan) in relation to its provision of excepted benefits described in section 706(c)(3) if all of the following conditions are met:

(A) The benefits are provided under a separate policy, certificate, or contract of insurance.

(B) There is no coordination between the provision of such benefits and any exclusion of benefits under any group health plan maintained by the same plan sponsor.

(C) Such benefits are paid with respect to an event without regard to whether benefits are provided with respect to such an event under any group health plan maintained by the same plan sponsor.

(Emphasis added).

The regulations interpreting this rule [Treas. Reg. §54.9831-1(c)(4)(iii); Labor Reg. §2590.732(c)(4)(iii); HHS Reg. § 146.145(b)(4)(iii)] add the “per day” (or other period gloss):

Excepted benefits that are not coordinated. . . .  To be hospital indemnity or other fixed indemnity insurance, the insurance must pay a fixed dollar amount per day (or per other period) of hospitalization or illness (for example, $100/day) regardless of the amount of expenses incurred.

Curiously and inexplicably (at least to the authors of this post), this rule did not prevent carriers from designing and marketing policies with “per service” triggers, nor did it deter state insurance regulators from approving these policies. Thus, the observations of the regulators reported in the FAQ accord with experience. But does this matter? It seems to us that a service such as a physician visit would easily qualify as an “event” within the plain meaning of the statute. So even if a per service payment trigger is “in practice a form of health coverage” (as the regulators claim) might it not be a form of health insurance that Congress nevertheless intended to treat as an excepted benefit?

The January 2014 FAQ

The regulated community as well as the National Association of Insurance Commissioners (NAIC) objected to the January 2013 FAQ. In a comment letter dated August 27, 2013, the NAIC urged reconsideration based on consumer protection concerns. In response, the Departments, in a January 9, 2014 FAQ, relented, sort of, saying that hospital indemnity or other fixed indemnity policies that do not qualify for the non-coordinated benefits exception may nevertheless still qualify as supplemental coverage (which is another category of excepted benefits) if certain conditions are satisfied.

The clear implication of the January 9, 2014 FAQ is that a benefit that is paid on a “per service” basis, while failing to qualify as a non-coordinated excepted benefit, could nevertheless qualify as a supplemental excepted benefit. In Field Assistance Bulletin No. 2007-04, the Department of Labor described the standards a policy must satisfy to qualify as supplemental coverage, saying:

To fall within the safe harbor, a policy, certificate, or contract of insurance must be issued by an entity that does not provide the primary coverage under the plan and must be specifically designed to fill gaps in primary coverage.

In addition, the Department believes that the value of the supplemental coverage must be significantly less than the value of the primary coverage that it supplements. To fall within the enforcement safe harbor, the cost of supplemental coverage may not exceed 15 percent of the cost of the plan’s primary coverage.”

But how, exactly, can a per-service hospital or fixed indemnity benefit ever qualify as supplemental coverage, which (among other things) must be specifically designed to fill gaps in other coverage and must pay benefits without regard to whether the insured has any other coverage?

The February 2015 FAQ

In February 2015, the Departments issued a subsequent FAQ that further clarified what constituted supplemental coverage, saying:

“Specifically, the Departments intend to propose that coverage of additional categories of coverage would be considered to be designed to ‘fill in the gaps’ of the primary coverage only if the benefits covered by the supplemental insurance product are not an essential health benefit (EHB) in the State where it is being marketed. If any benefit in the coverage is an EHB in the State where it is marketed, the insurance coverage would not be an excepted benefit under our intended proposed regulations, and would have to comply with the applicable provisions of [the ACA].”

On the subject of excepted benefits, the February 2015 FAQ explains:

“We note that this standard applies to coverage that purports to qualify as an excepted benefit as similar supplemental coverage provided to coverage under a group health plan” under [the ACA]. This standard does not apply to other circumstances where the coverage may qualify as another category of excepted benefits, such as limited excepted benefits under section 2791(c)(2), ERISA section 733(c)(2), and Code section 9832(c)(2).” (Internal quotations omitted).

What the regulators appear to be saying here is that supplemental coverage must not be for an essential health benefit. But what is the benefit here exactly? It may be that the “benefit” under the supplemental product is the cash payment, in which case almost any benefit could be supplemental, since the cash could be applied to cost-sharing. We are not persuaded that is the sort of “supplement” envisioned by the regulators, however. It is more likely that the “benefit” that triggers the supplemental payment is the underlying service (e.g., a specified, inpatient or outpatient physician service or the prescription of a specified drug). If so, then it’s even harder to see how a hospital or fixed indemnity benefit such as a physician visit could ever qualify as supplemental under this rule.

Under the newly-issued proposed regulations, none of this appears to matter. The proposed regulations are silent about the approach of treating per service hospital indemnity benefits as supplemental as suggested in the January 2014 FAQ. Under the proposed regulations, benefits paid on the basis of a fixed amount per visit, per drug, or per day/per service (with amounts that vary by the type of service) do not qualify as excepted. Such a benefit does not, according to the preamble to the proposed rule, “meet the condition that benefits be provided on a per day (or per other time period, such as per week) basis.”

In the preamble to the proposed regulations, the Departments request comments, “on the requirement that hospital indemnity and other fixed indemnity insurance in the group market that are excepted benefits must provide benefits on a per day (or per other time period, such as per week) basis in an amount that does not vary based on the type of items or services received.”

Central United Life v. Burwell

In May 2014, the Department of Health and Human Services issued final regulations under which fixed indemnity coverage sold in the individual market is deemed to qualify as an excepted benefit only if it meets the conditions described above in connection with individual marked products. These conditions include a requirement that benefits must be provided only to individuals who have other health coverage that qualifies as “minimum essential coverage.” Central United Life v. Burwell involved a frontal challenge to this requirement. We discussed the particulars of the case in a July 13, 2016 post. In essence, the Court of Appeals for the D.C. Circuit struck down the HHS rule prohibiting the sale and marketing of “fixed indemnity” plans to consumers who did not otherwise have minimum essential coverage. In the Court’s view, HHS was attempting (impermissibly) to amend the PHS Act. The court rejected HHS’ argument that it has the authority to supplement the PHS Act reference to the law’s requirement that the fixed indemnity plans must be “offered as independent, non-coordinated benefits.” The subtext of HHS’s argument, which the court did not address, is that the rule was needed as a consumer protection measure and was therefore necessary and appropriate to carry out the ACA insurance mandates.

The final HHS regulation in issue in Central United Life is noteworthy because it appears that HHS was offering a trade-off: we will permit fixed indemnity coverage payments to be made on a “per service” basis in addition to a “per period” basis provided that the individual purchasing the coverage also has other, minimum essential coverage.

As we highlighted above, the regulators have invited comment on whether voluntary hospital/fixed indemnity benefits ought to be permitted to be paid on a per-service basis without losing the benefit’s status as excepted. Does the Treasury Department agree with the Department of Health and Human Services’ view that the requirements to have other minimum essential coverage as being “in exchange” for permitting per-service benefits? And, if so, are per-service benefits now off the proverbial table? And if so, might Central United Life v. Burwell embolden carriers to challenge the bar on paying benefits on a “per service” basis as inconsistent with the statute?

Looking to the Future

The final contours of the regulation of hospital or other fixed indemnity insurance in the group market will, it seems to us, depend on three things:

  • The attractiveness of “per service” payments in the marketplace: To what degree do the carriers feel they need to retain a “per service” option in order for their products to have the requisite “sizzle?” If the lack of per service payments will not affect product sales, the carriers will have little interest in pursuing the matter. Anecdotally, we doubt this to be the case. The broader the definition of “event” on which payments may be made, the greater the product design leeway.
  • The willingness of the regulators to cede the point and permit per service payment triggers. While this is hard to gauge, it seems to us that the regulators will have to at least consider and think twice about the impact of Central United Life v. Burwell. Is this a fight worth having?
  • The position and influence of the NAIC.

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Mintz Levin - Employment Matters | Attorney Advertising

Written by:

Mintz Levin - Employment Matters
Contact
more
less

Mintz Levin - Employment Matters on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide

JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.