By Ilyse Schuman During a hearing conducted by the House Committee on Small Business’s Subcommittee on Healthcare and Technology, lawmakers, policy analysts, academics and a business owner expressed varying opinions on how the Affordable Care Act has and will continue to impact small businesses and the economy. The focus of the hearing – Small Businesses… Continue Reading
Monthly Archives: July 2011
Senate Bill Would Amend Tax Rules Regarding Medical FSAs
By Ilyse Schuman A bipartisan measure introduced in the Senate last week by Sens. Ben Cardin (D-MD) and Mike Enzi (R-WY) would change the tax treatment of employer-provided medical flexible spending arrangements (FSAs). Specifically, the Medical FSA Improvement Act (S. 1404) would effectively eliminate the “use it or lose it” rule applied to such plans… Continue Reading
Despite Alleged “Sham” Divorces, Plan Administrators Must Take Domestic Relations Orders at Face Value
By Stefanie Kastrinsky In Brown v. Continental Airlines, the Fifth Circuit held that when determining if a domestic relations order (DRO) meets ERISA’s requirements to be a qualified DRO (QDRO), the plan administrator is to take the DRO at face value and not investigate the parties’ underlying motivations or intent – even when the plan administrator… Continue Reading
HHS Releases Proposed Rule on CO-OP Program
By Ilyse Schuman The U.S. Department of Health and Human Services’ Centers for Medicare & Medicaid Services (CMS) has issued a proposed rule that would implement the Consumer Operated and Oriented Plan (CO-OP) program under the Affordable Care Act. The CO-OP program is designed to provide loans to encourage the creation of consumer-governed, private, nonprofit… Continue Reading
HHS Issues Proposed Rules Related to Set-Up and Operation of Health Insurance Exchanges
By Ilyse Schuman On July 11, 2011, the U.S. Department of Health and Human Services (HHS) issued two proposed rules – Establishment of Exchanges and Qualified Health Plans and Standards Related to Reinsurance, Risk Corridors and Risk Adjustment – related to the establishment and operation of health insurance exchanges under the Patient Protection and Affordable… Continue Reading
Study Suggests How Employer-Provided Health Benefits are Taxed Could Impact Provision of Coverage
By Ilyse Schuman According to an Issue Brief (pdf) drafted by the Employee Benefit Research Institute (EBRI), efforts to reduce the national debt that include proposed changes to how employer-provided health coverage is taxed could have a significant impact on employee health coverage purchase decisions, especially in light of new options offered by the Affordable… Continue Reading
Federal Funds for Workplace Wellness Programs
By Russell D. Chapman The U.S. Department of Health and Human Services (HHS) recently announced the availability of $10 million to advance workplace wellness programs for employers. Initiated by the Affordable Care Act (ACA), the funds will be awarded through a competitive contract to an organization with expertise in working with both small and large… Continue Reading
Three More States Pass Same-Sex Marriage or Civil Union Laws
By Nancy L. Ober Within the last three months, three states have extended legal recognition to same-sex relationships, bringing to a total of six the number of states that have enacted such legislation in 2011. The following is a summary of recent developments in this fast-evolving area of the law. Delaware Passes Civil Unions Bill… Continue Reading