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

Monthly Archives: June 2011

Sixth Circuit Upholds Constitutionality of Health Care Law

By Ilyse Schuman Finding that Congress properly exercised its legislative power under the Constitution’s Commerce Clause in enacting the Affordable Care Act’s minimum coverage provision – commonly referred to as the Act’s “individual mandate” to purchase health insurance – the U.S. Court of Appeals for the Sixth Circuit affirmed a lower court’s determination that the… Continue Reading

Posted in Healthcare Reform

Bill Would Extend COBRA Benefits to Same-Sex Spouses, Domestic Partners and Their Dependents

Last week Rep. Jackie Speier (D-CA) reintroduced the Equal Access to COBRA Act of 2011 (H.R. 2310), legislation cosponsored by 47 others that would extend COBRA continuation health coverage to covered employees’ same-sex spouses or domestic partners and their dependent children. Under existing law, up to 36 months of continuing health care coverage under COBRA… Continue Reading

Posted in Benefits & Wellness

Agencies Amend Internal Claims and Appeals and External Review Process Regulations, Issue Compliance Document

By Ilyse Schuman The Departments of Labor, Health and Human Services, and the Treasury have amended the interim final regulations released in July 2010 that imposed new requirements on group health plans (both self-insured and insured) for internal appeals of claim denials and required an independent external appeal process in accordance with the Affordable Care… Continue Reading

Posted in Healthcare Reform

Proposed Legislation to Provide Tax Relief for Domestic Partner Health Coverage

By Russell D. Chapman In early June, a bipartisan group of House members led by Congressman Jim McDermott (D-WA) introduced the Tax Parity for Health Plan Beneficiaries Act of 2011 (H.R. 2088), which would extend the income tax exemption for employer-provided health care benefits to domestic partners and other non-spouse dependents of covered employees.  According… Continue Reading

Posted in Benefits & Wellness