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IRS releases guidance on wellness programs and “affordability” under the employer mandate

Proskauer Rose LLP
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USA
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May 10 2013

On May 3, 2013, the IRS released proposed regulations on certain provisions relating to the federal premium tax credits that eligible individuals

DOL updates model COBRA notice in light of health care reform

Proskauer Rose LLP
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USA
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May 10 2013

Come 2014, the Health Insurance Exchanges will provide another option to COBRA "qualified beneficiaries" who are considering whether to elect to

EEOC hears testimony concerning employer wellness programs and the need for agency clarification

Proskauer Rose LLP
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USA
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May 8 2013

Leslie Silverman, former EEOC Commissioner, now Co-Chair of Proskauer's Government Regulatory and Contract Compliance Group, was part of a panel that

Kinetic moves to disqualify counsel in False Claims Act qui tam action for improper use of contractor’s privileged documents

Proskauer Rose LLP
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USA
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May 6 2013

Arguing that relators' counsel has retained and used, without authority, more than 800 of its attorney-client privileged and work product documents

Agencies issue new FAQS regarding implementation of ACA

Proskauer Rose LLP
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USA
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April 30 2013

The US Departments of Labor, Health and Human Services (HHS), and the Treasury (the "Agencies") jointly issued yesterday a document entitled "FAQs

HHS empowers consumers to know (and enforce) their rights under HIPAA

Proskauer Rose LLP
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USA
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May 8 2013

Ryan Blaney The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) published on its website a series of factsheets

Employment law counseling & training tip of the month

Proskauer Rose LLP
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USA
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January 28 2011

How can employers offer wellness programs to employees which include disease management and mandatory Health Risk Assessments or make requests for medical information needed to grant their employees leave under the Family and Medical Leave Act (FMLA) or accommodations under the Americans with Disabilities Act (ADA) without violating the Genetic Information Nondiscrimination Act of 2008 (GINA)?

The Affordable Care Act and its coverage mandates for employers: a potent recipe for ERISA class actions

Proskauer Rose LLP
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USA
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August 20 2012

Although the Patient Protection and Affordable Care Act (ACA) has engendered much controversy (pro and con) in the business community, one area that has received less discussion is whether ACA may increase employers’ exposure to high-stakes class action litigation

New guidance on wellness programs issued

Proskauer Rose LLP
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USA
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November 27 2012

On November 20, 2012, the Departments of Health and Human Services, Labor and Treasury (hereinafter, the "Departments") issued long-awaited guidance on several key provisions of the Affordable Care Act ("ACA"), including requirements on essential health benefits, preventing pre-existing condition discrimination, and employment-based wellness programs

Is the writing on the screen? The Ninth Circuit clarifies movie theater captioning obligations

Proskauer Rose LLP
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USA
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May 26 2010

In State of Arizona ex rel. Goddard v. Harkins Amusement Enterprises, Inc., No. 08-16075, 2010 U.S. App. LEXIS 9042 (9th Cir. Apr. 30, 2010), the United States Court of Appeals for the Ninth Circuit recently held that while open captioning is not a required auxiliary aid or service in movie theaters as a matter of law under the Americans with Disabilities Act (“ADA”), other forms of closed captioning and descriptive narration (e.g., rear-projection captioning) may be a required auxiliary aid and service, absent a showing by the movie theater of undue burden or a fundamental alteration of its services

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