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Employee Benefits Counsel Legal Insights into the Developments that Impact the Employee Benefits Community

Monthly Archives: November 2010

Democratic Congressman Introduces Bills to Repeal Health Care Law Provisions, Dares Republicans to Vote for Them

Acting on a promise made last week, Rep. Gary Ackerman (D-NY) has introduced a series of bills to repeal various portions of the new health care bill, and challenged opponents of the Affordable Care Act to move on them. The six pieces of legislation, all entitled the HIPA-CRIT Act (Health Insurance Protects America – Can’t… Continue Reading

Posted in Healthcare Reform

Senate Fails to Approve Amendment to Repeal Form 1099 Reporting Requirement in Health Care Bill

Despite two attempts, the Senate on Monday failed to approve amendments to the FDA Food Safety Modernization Act (S. 501) that would have repealed the much-maligned provision in the Affordable Care Act that expands a business’s 1099 information reporting requirements. Specifically, the highly contentious provision requires all businesses, charities, and state and local governments to… Continue Reading

Posted in Healthcare Reform

HHS Issues Medical Loss Ratio Regulations

The U.S. Department of Health and Human Services (HHS) has released interim final regulations (pdf) implementing the medical loss ratio (MLR) requirements imposed by the Affordable Care Act. Beginning in 2011, the new health care law mandates that health insurers, depending on the size of the insurance market, spend between 80 and 85% of premium… Continue Reading

Posted in Healthcare Reform

Employer Bans on Smokers: The Next Smokeout?

While the upcoming Great American Smokeout encourages smokers to use November 18th as a day to quit smoking or make a plan to quit, employers can use the occasion as an opportunity to review whether they want to implement tobacco-free policies and the potential legal issues involved in doing so.  In recent years, many employers… Continue Reading

Posted in Benefits & Wellness

EBSA Seeks to Amend Grandfathered Health Regulations

The Departments of Treasury, Labor and Health and Human Services plan to publish an amendment (pdf) to the interim final regulations governing “grandfathered” health plans. The “grandfather” regulations specify the conditions certain health insurance plans must meet in order to be exempt from having to comply with some of the new requirements imposed by the… Continue Reading

Posted in Healthcare Reform

HHS Issues New Guidance on Annual Benefit Limit Restriction Waivers for Mini Med Plans

The Department of Health and Human Services’ (HHS) Office of Consumer Information and Insurance Oversight (OCIIO) has released supplemental guidance (pdf) on applying for waivers of annual benefit limit restrictions for mini med plans. The Affordable Care Act imposes certain limitations on restricting the annual dollar limits for essential health coverage. Under the new law, the… Continue Reading

Posted in Healthcare Reform

Mercer Survey: How Employers Are Responding to Health Care Reform

The vast majority of employers with 50 or more employees plan to continue offering their employees health care coverage when the Affordable Care Act’s “pay or play” requirements take effect in 2014, a survey conducted by the Mercer consulting firm has found. Beginning in 2014, employers with at least 50 full-time employees are required to… Continue Reading

Posted in Healthcare Reform

EEOC Issues Final GINA Regulations

Nearly a year after the employment provisions of the Genetic Information Nondiscrimination Act (GINA) took effect, the Equal Employment Opportunity Commission (EEOC) has issued a final rule (pdf) implementing these sections. Title II of GINA – which took effect on November 21, 2009 – prohibits the use of genetic information in making employment decisions, restricts… Continue Reading

Posted in Benefits & Wellness

How Will the Midterm Election Results Impact Healthcare Policy?

Tuesday’s historic election radically changed the composition of Congress and the balance of power in Washington. While a few election results are still trickling in, Republicans are projected to gain around 60 seats in the House of Representatives, regaining majority control. Democrats will still control the Senate, albeit with a much slimmer margin. This new… Continue Reading

Posted in Healthcare Reform

HHS Issues Revised ERRP Application Form

The U.S. Department of Health and Human Services (HHS) has released an updated version of its Early Retiree Reinsurance Program (ERRP) application form. In addition, the agency has created a new “Dos and Don’ts” document for completing and submitting the revised application. The updated application, accompanying instructions, and “Dos and Don’ts” document can be found… Continue Reading

Posted in Healthcare Reform

DOL Releases Fourth Set of FAQs on Affordable Care Act Implementation

The Department of Labor’s Employee Benefits Security Administration (EBSA) has issued new guidance in the form of frequently asked questions (FAQs) regarding the Affordable Care Act’s implementation. Specifically, this set of FAQs, which is the fourth to date, addresses three questions pertaining to grandfathered health plans. According to the guidance, to comply with regulations requiring… Continue Reading

Posted in Healthcare Reform