Affordable Care Act, Exemptions

ACA Attacked By Left and Right; New Jersey’s Response

Genova Burns LLC on 7/27/2020

After the U.S. Court of Appeals for the Fifth Circuit, in a 2-1 decision last December, declared the Affordable Care Act’s (ACA’s) individual health insurance mandate unconstitutional as a result of Congress’ elimination of...more

Uncertain Fate of Affordable Care Act and 2017 Rules Creating New Exemptions to ACA’s Contraception Coverage Requirements; New...

Genova Burns LLC on 1/22/2020

On December 18, 2019 the U.S. Court of Appeals for the Fifth Circuit, in a 2-1 decision which the court revised on January 9, declared the Affordable Care Act’s (ACA’s) individual health insurance mandate unconstitutional as...more

IRS Beginning to Send Affordable Care Act Notices to Religious Organizations

Dickinson Wright on 7/18/2019

According to statements made by the acting director of exempt organizations at the IRS, churches and other religious organizations will soon start to receive questions from the IRS about potential liabilities under the...more

Federal Judges Halt Expanded Exemption From ACA Contraceptive Mandate

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/16/2019

In back-to-back decisions, two federal district court judges have blocked implementation of a Trump administration rule that would exempt more employers from the Patient Protection and Affordable Care Act (ACA) requirement...more

OIG Allows Free and Reduced-Cost Services to Strained Caregivers in Advisory Opinion 18-05

Baker Donelson on 8/2/2018

In what is becoming a steady trend, the Office of Inspector General (OIG) published another favorable opinion for an arrangement seeking to implement programs that support and engage family members who are increasingly...more

Is the New Moral Exemption From ACA Contraceptive Coverage a Game Changer?

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/19/2017

Any privately held, for-profit company could potentially be exempt from the Affordable Care Act’s (ACA) requirement to provide comprehensive contraceptive coverage without cost-sharing based on the company’s “sincerely held...more

What Employers Need to Know about Trump’s Religious Liberty Executive Order

Fisher Phillips on 5/10/2017

President Trump signed an executive order on religious liberty last week to commemorate the National Day of Prayer. Like many before it, the exact contents of this order were hotly anticipated, fueled by White House leaks and...more

Repeal of Antitrust Immunity for Insurers: What Does It Mean?

Manatt, Phelps & Phillips, LLP on 3/25/2017

Insurers are among a handful of industries, including Major League Baseball, that have a special exemption from the federal antitrust laws, the so-called "McCarran-Ferguson" antitrust exemption. The exemption has survived...more

Cures Act Lets Small Employers Reiumburse Premiums

Foley & Lardner LLP on 1/4/2017

On December 13, 2016, President Obama signed into law the 21st Century Cures Act, which allows small employers to maintain health reimbursement arrangements (HRAs) for the purpose of reimbursing employees for the cost of...more

New Law Permits Stand-Alone Health Reimbursement Arrangements (HRAs) For Small Employers

Stinson - Benefits Notes Blog on 12/14/2016

On December 13, 2016 President Obama signed into law the 21st Century Cures Act. The law had been approved with bipartisan support in the House by a vote of 392 to 26 and in the Senate by a vote of 94 to 5. The law addresses...more

An Early Holiday Boost to Low-Wage Silicon Valley Workers?: San José Passes “Opportunity to Work” Ordinance and Accelerates The...

Littler on 12/9/2016

The New Year will bring significant changes to the local employment laws affecting Silicon Valley-area employers, with measures aimed at reducing the expansion of the part-time workforce and increasing the minimum wage....more

Issue 100: Agencies Propose ACA Regulations on Expatriate Plans and Excepted Benefits

Seyfarth Shaw LLP on 6/30/2016

This is the one-hundredth issue in our health care reform series of alerts for employers on selected topics in health care reform. (Our general summary of health care reform and other issues in this series can be accessed by...more

Tribal Employment and Jobs Protection Act Seeks to Exempt Native American Tribes from ACA

Stinson LLP on 6/23/2016

The Tribal Employment and Jobs Protection Act (H.R. 3080) could have a big impact on tribes if it becomes law. The legislation, which was passed by the U.S. House Ways and Means Committee June 15, seeks to exempt Native...more

Manatt on Health Reform: Weekly Highlights - August 2015

Manatt, Phelps & Phillips, LLP on 8/5/2015

Increased plan choice on HealthCare.gov is linked to lower premium growth; Arizona seeks changes to Medicaid expansion; and California and New York release detailed Marketplace and Medicaid enrollment reports....more

IRS Notice 2015-43 Addresses Expatriate Health Coverage

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/13/2015

New guidance from the Internal Revenue Service (IRS) leaves in place the limited Affordable Care Act (ACA) exemptions set out in the Expatriate Health Coverage Clarification Act of 2014 (EHCCA). IRS Notice 2015-43 (Notice)...more

Employing Veterans May Help Avoid the ACA’s Employer Mandate

Foley & Lardner LLP on 1/14/2015

The new Republican Congress began its session with an attempt to narrow the Affordable Care Act’s (ACA) employer mandate by exempting certain veterans and their families from counting toward the number of employees at small...more

2014 in Review: ERISA Individual Prohibited Transaction Exemptions and Advisory Opinions

Eversheds Sutherland (US) LLP on 1/9/2015

In 2014, the Department of Labor (DOL) maintained a diminished program of advance guidance under the Employment Retirement Income Security Act of 1974, as amended (ERISA), in response to requests from the regulated community....more

Religious Institutions Update - Lex Est Sanctio Sancta

Holland & Knight LLP on 6/3/2014

"Church plans" are pension plans (including defined benefit or defined contribution plans) exempt (without an irrevocable election) from many of the legal requirements of the Employee Retirement Income Security Act (ERISA)...more

Old Days – Remembering When Small Business Had Pension Plans

Gerald Nowotny - Law Office of Gerald R.... on 4/18/2014

We lived in politically charged times. Congress seems unable to reach any consensus on anything including where to have the annual Congressional Christmas Ball! Years of political crossfire over the Affordable Care Act have...more

Proposed Regulations Expand the Definition of Excepted Benefits

McDermott Will & Emery on 1/30/2014

Recently issued proposed regulations would expand the categories of excepted benefits under the Employee Retirement Income Security Act of 1974 (ERISA), the Internal Revenue Code (the Code) and the Public Health Service Act. ...more

Insurance Antitrust Legal News - November 2013 • Volume 2, Number 6

Dickinson Wright on 11/7/2013

In This Issue: - BILL SEEKING TO REPEAL THE MCCARRAN FERGUSON ACT’S ANTITRUST EXEMPTION INTRODUCED IN CONGRESS: On September 18, Congressman Phil Roe (R-Tennessee) introduced legislation (H.R.3121) that would,...more

Affordable Care Act’s Special Rules for Grandfathered And Self-Insured Health Plans

Genova Burns LLC on 9/15/2013

The Affordable Care Act’s (“ACA”) mandates regarding health care plans, including the individual mandate, take effect with no change in schedule, despite the recent U.S. Treasury Department’s decision to postpone employer...more

Final Regulations Issued on Contraceptive Coverage, Religious Organizations

Ballard Spahr LLP on 7/2/2013

The U.S. Departments of Health and Human Services, Labor, and Treasury recently released final regulations on the exemption from providing coverage for contraceptive and certain other preventive services that is available to...more

Expanded Exemption for Religious Employers Regarding Women's Contraceptive Services

Foley & Lardner LLP on 2/12/2013

The Patient Protection and Affordable Care Act requires non-grandfathered group health plans to cover preventive services at no cost. For women this includes all FDA-approved contraceptive methods, sterilization procedures,...more

Obama Administration Outlines Religious Accommodations for Contraception Coverage Mandate

Mintz - Health Care Viewpoints on 2/8/2013

Last week, federal regulators released a Proposed Rule outlining accommodations for religious employers that object to the Affordable Care Act’s contraception coverage mandate. The Proposed Rule expands the range of...more

Patient Protection and Affordable Care Act (PPACA) › Exemptions

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