While at present there are no mandates on employers - either in or out of the construction industry - to provide health coverage to independent contractors or even to employees, those businesses that do provide health coverage are finding that an entire new regulatory world awaits them.
Health care reform’s impact on employers
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- Baker Donelson Bearman Caldwell & Berkowitz PC
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Circular beach towel's trademark is invalid (Kelley Drye & Warren LLP)
In the late 1980s, Clemens Franek sought and received trademark registration status for his "radical" round beach towel.
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Western District of New York upholds non-compete and grants TRO (Seyfarth Shaw LLP)
Plaintiff IDG USA, LLC (“IDG”), a Georgia company with its principal place of business in North Carolina, commenced an action against a former employee, Kevin J. Schupp (“Schupp”), a New York resident, alleging breaches of a Non-Compete Agreement, breach of a Confidentiality Agreement, unfair competition, and theft of trade secrets.
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Shutting down corporate pick-pockets (Gardere Wynne Sewell LLP)
A 10-year employee accounting manager systematically transfers amounts via ACH to her personal checking account.
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Employer wins “cat's paw” case (Foley & Lardner LLP)
On August 11, 2010, a federal court rejected a terminated employee's "cat's paw" argument.
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Massachusetts personnel records statute amended to require employers to notify employees when negative information is placed in personnel records (Goodwin Procter LLP)
Massachusetts recently enacted an economic development statute which contains an important amendment to the Massachusetts Personnel Records Statute, G.L. c. 149, § 52C.
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Employer wins “cat's paw” case (Foley & Lardner LLP)
On August 11, 2010, a federal court rejected a terminated employee's "cat's paw" argument.
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HHS releases proposed changes to HIPAA privacy, security and enforcement rules (Baker Donelson Bearman Caldwell & Berkowitz PC)
On July 14, 2010, Secretary Kathleen Sebelius of the United States Department of Health and Human Services (HHS) published notice in the Federal Register of proposed rulemaking1 aimed at "strengthening" the Health Insurance Portability and Accountability Act of 1996 (HIPAA) privacy, security and enforcement regulations (collectively referred to as the "HIPAA Rules") and as required by the Health Information Technology for Economic and Clinical Health Act (HITECH Act), which was enacted as a part of the American Recovery and Reinvestment Act of 2009.
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Health reform Q&A for employers - update (Baker & Daniels LLP)
In the last two months, the Department of Labor, the Internal Revenue Service and the Department of Health and Human Services published three additional sets of interim final regulations to address compliance requirements in the first significant round of changes to impact group health plans under the Patient Protection and Affordable Care Act (PPACA).
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Federal external review procedure for group health plans (Covington & Burling LLP)
The health reform law requires non-grandfathered group health plans to meet new standards for processing internal claims and appeals, and also requires these plans to implement a new external review procedure.
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Health care reform — regulations issued on expanded internal/external claims review process for nongrandfathered group health plans (Hunton & Williams LLP)
On July 19, 2010, the United States Departments of Health and Human Services, Labor and Treasury issued interim final regulations covering the mandates under the Patient Protection and Affordable Care Act, as amended (the "Health Care Reform Act"), relating to the internal and external claims review process.
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How secure is your customer data? (MacRoberts LLP)
The Financial Services Authority ("FSA") has imposed a fine of £2.27 million on the UK branch of insurance company Zurich for loss of customer data.
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The abolition of the FSA? (Mills & Reeve LLP)
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CGL defense coverage for construction defect pre-litigation (Farella Braun & Martel LLP)
In a recent case out of the Fourth Appellate District of the California Court of Appeal, Clarendon America Ins. Co. v. Starnet Ins. Co., the Court held that an insurer’s duty to defend applies to the mandatory pre-litigation procedures required in California construction defect cases, holding that the term “suit”, as used in a commercial general liability (CGL) insurance policy, includes the duty to defend an insured in proceedings under the Calderon Act, California Civil Code section 1375, et seq.
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Check your insurance policy, and the case law, again (Fox Rothschild LLP)
I'm not sure why we can't seem to settle the question of what IP litigation is covered under the typical Comprehensive General Liability insurance policy.
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Third Circuit holds that a party cannot “opt out” of the Federal Arbitration Act in its entirety (Jorden Burt LLP)
The Third Circuit has affirmed a judgment in favor of several foreign reinsurers confirming arbitration awards against the statutory liquidator (the Pennsylvania Insurance Commissioner) for two insolvent insurance companies, but reversed a sanctions award against the Commissioner.
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Health reform Q&A for employers - update (Baker & Daniels LLP)
In the last two months, the Department of Labor, the Internal Revenue Service and the Department of Health and Human Services published three additional sets of interim final regulations to address compliance requirements in the first significant round of changes to impact group health plans under the Patient Protection and Affordable Care Act (PPACA).
-
Federal external review procedure for group health plans (Covington & Burling LLP)
The health reform law requires non-grandfathered group health plans to meet new standards for processing internal claims and appeals, and also requires these plans to implement a new external review procedure.
-
Health care reform — regulations issued on expanded internal/external claims review process for nongrandfathered group health plans (Hunton & Williams LLP)
On July 19, 2010, the United States Departments of Health and Human Services, Labor and Treasury issued interim final regulations covering the mandates under the Patient Protection and Affordable Care Act, as amended (the "Health Care Reform Act"), relating to the internal and external claims review process.
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Things to consider about your plans: some best practices (Fox Rothschild LLP)
Benefit plan design, administration and documentation is not thrilling stuff.
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IRS questionnaire: failure to respond will incur enforcement action (Baker Donelson Bearman Caldwell & Berkowitz PC)
In May, the Internal Revenue Service's Employee Plans Compliance Unit (EPCU) began issuing questionnaires to employers that sponsor 401(k) plans as a part of its 401(k) Compliance Check Questionnaire Project.
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HHS releases proposed changes to HIPAA privacy, security and enforcement rules (Baker Donelson Bearman Caldwell & Berkowitz PC)
On July 14, 2010, Secretary Kathleen Sebelius of the United States Department of Health and Human Services (HHS) published notice in the Federal Register of proposed rulemaking1 aimed at "strengthening" the Health Insurance Portability and Accountability Act of 1996 (HIPAA) privacy, security and enforcement regulations (collectively referred to as the "HIPAA Rules") and as required by the Health Information Technology for Economic and Clinical Health Act (HITECH Act), which was enacted as a part of the American Recovery and Reinvestment Act of 2009.
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Miniature horses welcome: DOJ enacts revised ADA regulations implementing Title II and Title III (Baker Donelson Bearman Caldwell & Berkowitz PC)
With the 20th anniversary of the ADA on Friday, July 23, 2010, Attorney General Eric Holder signed final regulations revising DOJ's Title II and Title III regulations, including its ADA Standards for Accessible Design.
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Mandatory IRAs proposed (Baker Donelson Bearman Caldwell & Berkowitz PC)
Employers under the Patient Protection and Affordable Care Act are not required to provide health care coverage, but a failure to do so may result in monetary penalties.
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CMS comments due August 31 on physician ownership rule changes under PPACA (Baker Donelson Bearman Caldwell & Berkowitz PC)
One dramatic and early impact of health care reform upon providers comes in the form of changes to the Stark law's "whole hospital" exception, which currently permits physicians to refer to hospitals in which they hold an ownership interest.
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IRS questionnaire: failure to respond will incur enforcement action (Baker Donelson Bearman Caldwell & Berkowitz PC)
In May, the Internal Revenue Service's Employee Plans Compliance Unit (EPCU) began issuing questionnaires to employers that sponsor 401(k) plans as a part of its 401(k) Compliance Check Questionnaire Project.
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