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Medical plan preauthorization language violates SPD standards
- Hodgson Russ LLP
- -
- USA
- -
- August 29 2012
In Koehler v. AETNA Health Inc., the U.S. Court of Appeals for the Fifth Circuit held that Aetna’s benefits decision was not, as a matter of law, entitled to deference where the same document, Aetna’s certificate of coverage, served as both the plan document and summary plan description (SPD
Supreme Court considers constitutionality of individual mandate
- Hodgson Russ LLP
- -
- USA
- -
- April 27 2012
At the end of March, the U.S. Supreme Court heard arguments on the constitutionality of a provision in the Patient Protection and Affordable Care Act (ACA) that requires most U.S. residents to maintain health care coverage for themselves and their dependents
Plan administrator not obligated to provide benefit accruals for unpaid hours
- Hodgson Russ LLP
- -
- USA
- -
- July 29 2011
Nurse participants in a hospital retirement plan were upset that their unpaid meal breaks, during which they were required to work, and an unpaid 20-40 minute period of patient status review before the official start of their shifts were not counted for benefit purposes in the hospital's retirement plans
Legal challenges to health care reform continue to work through the courts
- Hodgson Russ LLP
- -
- USA
- -
- 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
- -
- USA
- -
- 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
Full-time medical residents subject to FICA
- Hodgson Russ LLP
- -
- USA
- -
- February 11 2011
The US Supreme Court recently affirmed a decision of the Court of Appeals for Eighth Circuit upholding the IRS's position that remuneration paid to medical residents working full-time is subject to FICA tax
Insurer not a fiduciary when negotiating rates
- Hodgson Russ LLP
- -
- USA
- -
- 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
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