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Legal challenges to health care reform continue to work through the courts

Hodgson Russ LLP
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USA
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April 15 2011

In late January, a district court in Florida ruled that the Patient Protection and Affordable Care Act (PPACA) is unconstitutional

Same-sex domestic partner policy does not discriminate against opposite-sex couples

Hodgson Russ LLP
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USA
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April 15 2011

Reversing a decision by the Westchester County Human Rights Commission, a New York appeals court recently held that a policy adopted by a local Board of Cooperative Educational Services (BOCES) to offer health care to same-sex domestic partners did not unlawfully discriminate against opposite-sex domestic partners

MEWA held to be not fully insured under ERISA

Hodgson Russ LLP
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USA
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April 15 2011

When unrelated employers join together in an association or other group to purchase or arrange for health insurance, the association is defined as a "multiple employer welfare arrangement" or "MEWA" under the law

Insurer not a fiduciary when negotiating rates

Hodgson Russ LLP
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USA
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February 11 2011

The Court of Appeals for the Sixth Circuit ruled that an insurer was not acting as a fiduciary when it negotiated rates with hospitals that favored its health maintenance organization clients over its self-funded plan clients

More health care reform FAQs issued

Hodgson Russ LLP
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USA
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January 4 2011

Over the past several months DOL, HHS, and the IRS (collectively, the Agencies) have issued a series of frequently asked questions (FAQs) regarding the implementation of the Affordable Care Act

Enforcement of insured plan nondiscrimination rules delayed

Hodgson Russ LLP
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USA
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January 4 2011

As many employers are by now well aware, the Affordable Care Act imposes nondiscrimination rules on insured non-grandfathered group health plans

IRS issues notice regarding nondiscrimination rule for insured plans

Hodgson Russ LLP
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USA
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November 29 2010

The IRS issued Notice 2010-63 inviting public comments on the application of rules prohibiting insured group health plans from discriminating in favor of highly compensated individuals (HCIs

Mandatory W-2 reporting of the cost of medical coverage delayed

Hodgson Russ LLP
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USA
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October 29 2010

Under the PPACA, employers are required to report the cost of employer-sponsored health coverage on their employees' 2011 Forms W-2 (generally issued in early 2012

Recent cases involving beneficiary designations

Hodgson Russ LLP
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USA
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September 29 2010

Two recent cases are instructive when it comes to determining the validity of beneficiary designations

Conflict between plan and SPD ruled in favor of participant

Hodgson Russ LLP
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USA
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August 31 2010

The US Court of Appeals for the Eighth Circuit recently reversed and remanded a decision of a district court that upheld an insurer's decision to deny long-term health benefits