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IRS releases final forms and instructions for Affordable Care Act reporting

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • March 20 2015

In February 2015, the IRS released final forms and instructions related to information reporting under the Affordable Care Act (the "ACA"). These

Health care reform litigation risks the intersection of ERISA Section 510 and the Affordable Care Act’s whistleblower provisions

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • May 31 2013

The Affordable Care Act (ACA) is significantly changing employer health care obligations under the Employee Retirement Income Security Act (ERISA

Supreme Court clarifies liability for statements of opinion in registration statements

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • March 24 2015

The U.S. Supreme Court ruled today that a statement of opinion in a registration statement cannot be actionable as a misstatement of fact under 11

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

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • 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

A $1.2 million photocopier mistake: health plan settles with HHS in HIPAA breach case

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • August 20 2013

We have heard the well-publicized stories of stolen laptops and resulting violations of the Health Insurance Portability and Accountability Act of

EEOC takes aim at employers with “voluntary” wellness programs tied to health benefit costs

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • October 3 2014

On Tuesday, the EEOC commenced its second lawsuit in as many months targeting certain employer wellness programs for violating the Americans with

OCR’s enforcement of HIPAA’s Privacy and Security Rules continues with robust 2014

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • March 20 2015

With the news of the recent cyber-attack and resulting data breach at health insurance giant Anthem Inc., the buzz around data security and privacy

ERISA pre-emption in provider misrepresentation claims: an overview of the jurisprudence leading up to the Fifth Circuit’s en banc review of Access Mediquip and what lies ahead

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • September 14 2012

The U.S. Court of Appeals for the Fifth Circuit recently granted en banc review of its decision in Access Mediquip LLC v. UnitedHealthcare Ins. Co. to address a frequently recurring issue arising in health care litigation: whether ERISA Section 514 preempts a third-party provider’s state law claims premised on allegations that it was misled by an insurer’s statements regarding patient coverage

Departments release guidance on dental and vision plans, EAPs, and "wraparound" coverage

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • January 3 2014

On December 20, 2013, the Departments of Treasury, Labor, and Health and Human Services (collectively, the Departments) jointly issued proposed rules