News & Analysis as of

Patient Protection and Affordable Care Act (PPACA)

The Patient Protection and Affordable Care Act (PPAC), also known as Obamacare, is a United States federal statute passed in March of 2010. The Act creates a nationwide insurance system and provides federal... more +
The Patient Protection and Affordable Care Act (PPAC), also known as Obamacare, is a United States federal statute passed in March of 2010. The Act creates a nationwide insurance system and provides federal subsidies to reduce the number of uninsured citizens. less -

Kautter: IRS Will Enforce ACA Employer Mandate

by McGuireWoods LLP on

On April 17, Acting IRS Commissioner David Kautter said the agency would continue to enforce the Affordable Care Act’s (ACA) employer mandate. At a House Oversight Subcommittee hearing, Kautter explained that it is still the...more

Health Plans – A Pain to Administer But Appreciated by Employees

by Snell & Wilmer on

Administering health plans is not the easiest task. Such plans are subject to an alphabet soup of laws, including but not limited to ERISA, the Internal Revenue Code, COBRA, HIPAA, GINA, Mental Health Parity, the ADA, the...more

Health Care Weekly Preview from ML Strategies – April 2018 #2

The President was slated to speak on drug prices this week in what was a highly anticipated event. Yesterday, word got out that it would be postponed to a date to be determined. The health of the HHS Secretary certainly...more

Avoid misclassification quagmires by understanding differences between contractors and employees

by DLA Piper on

When engaging a worker to perform paid work services, a first and critical step in the hiring process is the determination of the worker's status as an employee or independent contractor. Classification missteps can translate...more

Healthcare Litigation - April 2018

Mental Health and Minors: Proceed With Caution! - Imagine representing a party in a lawsuit concerning coverage for mental health services. The lawsuit was brought by the parents of a minor child. The client received a...more

Medicare Part E for All – An Idea Whose Time, Perhaps, Has Still Not Come

by Locke Lord LLP on

Since the Fall of 2017, the Trump Administration has used its executive and regulatory authority to roll back coverage requirements for Affordable Care Act (ACA) health plans and expand access to association health plans that...more

Practical Insights on Tax Reform: Impact on Individuals

On December 22, 2017, President Trump signed into law legislation, known as the Tax Cuts and Jobs Act (“TCJA”), which is the most extensive overhaul of the United States of the Internal Revenue Code (the “Code”) in 30 years....more

Key Takeaways from Final 2019 Payment Notice Rule

by King & Spalding on

Last week, CMS issued a final rule which aims to relax certain Affordable Care Act (ACA) health plan regulations, found at 45 C.F.R. Parts 147, 153, 154, 155, 157, and 158, while increasing marketplace competition. In...more

New 2019 ACA Payment Policies for Individual and Small Group Markets

by Baker Donelson on

On April 9, the Department of Health and Human Services (HHS) released the long-anticipated final Notice of Benefits and Payment Parameters (NBPP) for plan year 2019, providing standards for health insurers and the health...more

Will the dismantlement of Obamacare affect healthcare restructuring?

by Epiq on

Bankruptcy filings among hospitals and medical centers more than tripled in 2017, according to data compiled by Bloomberg. While there are many factors contributing to this financial volatility, the political battle over The...more

Appealing Massachusetts Employer Medical Assistance Contribution (EMAC) Supplement Determinations Based on ConnectorCare Coverage

The Massachusetts Department of Unemployment Assistance (DUA) has begun assessing Employer Medical Assistance Contribution (EMAC) supplemental payments for the first quarter. This post proposes a grounds for appealing DUA...more

California: Proposed Legislation Regulating Health Care Rates for Payors and Providers

by Foley & Lardner LLP on

An ambitious California proposal to regulate health care rates and curb long-term health care spending was unveiled last week in Assembly Bill 3087 (Proposed Legislation). The key concept in the Proposed Legislation is the...more

Emerging Benefit Risks

by Winstead PC on

Watch All of the Company’s Mailboxes for a New Round of Tax Assessments - Another wave of Internal Revenue Service (“Service”) assessments of the employer shared responsibility tax (a/k/a pay or play) were recently released....more

CMS releases annual health insurance exchanges final rule

by Hogan Lovells on

On April 9, 2018, the Centers for Medicare & Medicaid Services (CMS) released the Benefit and Payment Parameters final rule for 2019 (2019 Payment Notice) applicable to qualified health plans (QHPs) offered on health...more

CMS Benefit and Payment Rule: What is Success for the ACA?

On Monday, CMS published a number of policies changing the dynamics of the individual market, including the Benefit and Payment Parameters for 2019 Final Rule, guidance on hardship exemptions, and a bulletin on transitional...more

CMS Uses Regulatory Levers to Chip Away at Affordable Care Act Protections

by Locke Lord LLP on

On Monday, the Centers for Medicare and Medicaid Services (“CMS”) released (1) the Notice of Benefit and Payment Parameters for 2019 final rule (“Final Rule”), (2) the Final Annual Issuer Letter and (3) guidance on hardship...more

Window On Washington - Vol. 2, Issue 15

by Clark Hill PLC on

Outlook for This Week in the Nation's Capital - Omnibus Rescissions. The White House is continuing to press forward with pledges to rescind spending from the FY18 Omnibus despite multiple House and Senate Republicans...more

CMS Adopts 2019 ACA Health Plan Policies

by Reed Smith on

CMS has released its final rule updating policies applying to qualified health plans (QHPs) offered on Affordable Care Act (ACA) Exchanges for 2019. In the final rule, CMS stresses its goal of providing states greater...more

CMS Proposes “Wind Down” Plan for Federal Exchanges

Despite the Trump Administration’s unsuccessful attempts to fully repeal and replace the Affordable Care Act (the “ACA”), the Administration has continued to target the ACA. In the Administration’s latest salvo, the Centers...more

The State AG Report Weekly Update April 2018 #2

by Cozen O'Connor on

2018 AG Elections- Democrat William Tong Declares Candidacy for Connecticut Attorney General- Democratic state Representative William Tong announced he is running for Connecticut AG in 2018. As previously reported,...more

What's New In Washington - April 2018

Congress returned from its spring recess with a host of issues to address—trade, Trump administration nominations and opioid legislation sitting atop the priority list. Given the ongoing data scandal at Facebook, privacy...more

States Choosing Divergent Paths for Individual Market Coverage

With Congress failing to reach agreement on a stabilization package for the individual market and repeal of the individual mandate set to take effect for 2019, states are considering different strategies, some that will...more

ERISA Newsletter - First Quarter 2018

by Proskauer Rose LLP on

Despite the change in seasons, there appears to be no change in the pace of complex and class action ERISA litigation. Investments in defined contribution plans—both 401(k) and 403(b) plans—continue to be the leading target...more

Iowa Emerges as Latest State to Challenge ACA Through Noncompliant Plans

by Pepper Hamilton LLP on

We recently wrote about Idaho’s failed attempt to permit health insurers to sell policies that did not comply with Affordable Care Act (ACA) requirements for the individual insurance market. ...more

Ohio seeks to become the first state to receive a 1332 waiver of the individual mandate

by Bricker & Eckler LLP on

On March 30, 2018, the Ohio Department of Insurance (ODI) submitted the application for a waiver from the requirements of the Affordable Care Act’s individual mandate. If approved, Ohio would become the first state to receive...more

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