News & Analysis as of September 21, 2024

Patient Protection and Affordable Care Act (PPACA)

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The term "Individual Mandate" typically refers to a requirement under the Patient Protection and Affordable Care Act of 2010 that all United States residents must obtain "minimum essential... more +

The term "Individual Mandate" typically refers to a requirement under the Patient Protection and Affordable Care Act of 2010 that all United States residents must obtain "minimum essential healthcare coverage" unless they qualify for one of eight exemptions under the Act. The Act defines "minimum essential coverage" and levies penalties against individuals who fail to comply with the mandate. less -

What is the Fate of ACA? No Answers Yet from the Fifth Circuit.

Snell & Wilmer on 1/15/2020

Background - As noted in our previous December 2018 blog post, “Texas Judge Declares the Affordable Care Act Unconstitutional – What’s Next?,” and our October 2019 newsletter, “2019 End of Year Plan Sponsor “To Do” List...more

GOP lawsuit hasn’t shoved health care off a cliff — not yet. But ACA in limbo helps nobody.

Patrick Malone & Associates P.C. | DC Injury... on 12/23/2019

Insurers feast on uncertainty the way most of us attack a holiday spread. They can relish risk because they know it can mean higher premiums and profits for their dealing with clients’ risks. This is one point to keep in mind...more

New Jersey Individual Mandate Requires State Filings in March 2020

Proskauer - Employee Benefits & Executive... on 10/28/2019

The Affordable Care Act’s individual mandate (i.e., the requirement that most individuals obtain adequate health insurance or pay a penalty) is dead. A side effect of the ACA mandate’s demise is that states are beginning to...more

ACA Strike-Down: Salvaging the BPCIA via Severability

Foley & Lardner LLP on 1/3/2019

Justice Reed O’Connor’s recent decision, Texas et al. v. U.S. et al., No. 4:18-cv-00167-O (E.D. Tex. Dec. 14, 2018), to strike down the entire Patient Protection and Affordable Care Act, 42 U.S.C. § 18001 et seq. (2010) (the...more

[Podcast]: Texas Judge Declares Affordable Care Act Unconstitutional

Proskauer - Employee Benefits & Executive... on 12/20/2018

In this episode of the Proskauer Benefits Brief, partner Robert Projansky and associate Katrina McCann discuss the recent district court case, Texas et al. v. The United States of America, which declared the Affordable Care...more

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

Mintz - Health Care Viewpoints on 12/19/2018

This week, Congress is in session for what should be the last week of the 115th Congress. That said, best not to count your chickens before they hatch. The spending fight that has been raging since the last continuing...more

Texas Judge Declares the Affordable Care Act Unconstitutional – What’s Next?

Snell & Wilmer on 12/19/2018

As reported in our “2018 End of Year Plan Sponsor “To Do” List (Part 1) Health & Welfare,” the Tax Cuts and Jobs Act repealed the individual mandate, which spawned a lawsuit challenging the whole of the Affordable Care Act...more

Is the Affordable Care Act a House of Cards? If Yes, What Does the Recent Texas Court Decision Mean for the US Health Insurance...

Epstein Becker & Green on 12/19/2018

In an unexpectedly broad ruling issued December 14, 2018, the U.S. District Court for the Northern District of Texas declared the Affordable Care Act (“ACA”) as unconstitutional in its entirety. This decision, if ultimately...more

What's Next After the Texas vs. Azar Ruling?

Mintz - Health Care Viewpoints on 12/19/2018

On Friday, December 14th, Judge Reed O’Connor, a Texas Federal District Court Judge, ruled on the case Texas vs. Azar. As background, Texas vs. Azar was filed by 20 Republican state attorneys general and governors. The...more

With a knee you can see: Yes, Obamacare helps to cut costs and improve care

Patrick Malone & Associates P.C. | DC Injury... on 9/12/2018

Federal regulators may be forced to reconsider their plans to curtail a cost-containing experiment that affects some of the most commonly performed surgeries — knee and hip replacement procedures that hundreds of thousands of...more

Health Care Weekly Preview from ML Strategies – March 2018

Mintz - Health Care Viewpoints on 3/5/2018

Congress kicks off this week with three weeks to go before the March 23 omnibus spending deadline. At this point it’s still not entirely clear what will be tacked on to this spending package, but immigration, market...more

Health Care Weekly Preview from ML Strategies - January 2018

Mintz - Health Care Viewpoints on 1/4/2018

Happy New Year and welcome to 2018. We find ourselves in a familiar position as Congress has until January 19th to pass a government - funding bill. CHIP and the extenders remain in limbo, and Republicans and Democrats are...more

Election Results Likely to Result in the End of the ACA as We Know It, But Employers and Plan Sponsors Should Stay the Course for...

Proskauer - Employee Benefits & Executive... on 11/10/2016

Over the past five years or so, Republican Congressmen have repeatedly taken steps to repeal President Obama’s landmark legislative effort – the Patient Protection and Affordable Care Act (the “ACA”). However, those efforts...more

IRS Proposes Adjustments in Individual Mandate Reporting

Ballard Spahr LLP on 8/4/2016

The IRS has issued proposed regulations on the individual mandate reporting requirements under section 6055 of the Internal Revenue Code. To a significant degree, the new regulations reflect guidance previously published by...more

Washington Healthcare Update

McGuireWoods LLP on 10/13/2015

On Oct. 8, the House Republican caucus did not select a candidate for Speaker of the House and selection has been delayed. The current Speaker, John Boehner (R-OH), had announced that he would step down and retire from...more

Washington Healthcare Update

McGuireWoods LLP on 10/6/2015

This Week: Congress Avoids a Government Shutdown... House and Senate Approves Measure to Expand the Affordable Care (ACA) Act Small Group Market to 100 Employees...Affordable Care Act (ACA) Health Insurers to Receive Only...more

Manatt on 1332: Hawaii Posts Nation's First State Innovation Waiver Proposal

Manatt, Phelps & Phillips, LLP on 9/28/2015

Overview - On September 9 Hawaii became the first state to post a draft 1332 waiver proposal for public comment. While Hawaii's waiver proposal is focused on the state's unique 40-year-old employer mandate, the 40-page...more

King v. Burwell Aftermath: Where Does the Health Care Industry Go From Here?

Locke Lord LLP on 7/15/2015

What was at stake in King v. Burwell? DH: Perhaps more than initially meets the eye. If the U.S. Supreme Court had sided with the King v. Burwell plaintiffs, federal tax subsidies to reduce the cost of insurance premiums...more

King v. Burwell – Will the Supreme Court Tip the ACA Dominos? Part 2

Locke Lord LLP on 6/15/2015

In our previous blog post, we evaluated the legal issues at stake in King v. Burwell. We will now examine some of the ramifications of a Supreme Court decision that goes against the Obama Administration, assuming such were to...more

Washington Healthcare Update

McGuireWoods LLP on 4/28/2015

This Week: Energy and Commerce Health Subcommittee Explores Post-Acute Bundling…CMS Releases First-ever Hospital Compare Star Ratings…Fiscal Year 2016 Proposed Inpatient and Long-term Care Hospital Policy and Payment Changes....more

Pruitt v. Burwell Ruling Unlikely to have Major Impact on Employers in Near Term

Stinson - Benefits Notes Blog on 10/2/2014

AffOn Tuesday, September 30, federal Judge Ronald White of the Eastern District of Oklahoma ruled in Pruitt v. Burwell that the plain text of the Patient Protection and Affordable Care Act (“PPACA”) does not allow for the...more

Individual Responsibility under the ACA

McDermott Will & Emery on 8/12/2014

Effective 2014, if a taxpayer is not covered under minimum essential coverage for one or more months, then, unless an exemption applies, the taxpayer is liable for the individual shared responsibility payment on his return. ...more

IRS Increases 9.5% Affordability Threshold—Or Did It?

Proskauer - Employee Benefits & Executive... on 8/7/2014

On July 24, 2014, the Internal Revenue Service (IRS) released three Revenue Procedures (2014-46, 2014-37, and 2014-41), which provide guidance to individuals on their obligation to maintain minimum essential coverage (MEC)...more

Final Regulations Issued Regarding Employer Reporting Requirements Under ACA

McDermott Will & Emery on 3/14/2014

Recently issued final regulations on the employer reporting requirements under the Affordable Care Act (ACA) clarify and streamline the process for reporting information relating to the provision of minimum essential coverage...more

District Court Upholds Validity of IRS Rule Authorizing Premium Tax Credits to Individuals Who Enroll in Health-Care Coverage...

Proskauer - Employee Benefits & Executive... on 1/27/2014

A district court in the District of Columbia recently held that the Internal Revenue Service’s (“IRS”) rule authorizing premium tax credits to individuals who enroll in health-care coverage through federal exchanges was...more

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