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

Monthly Archives: November 2011

Reports Provide Insight into Employer-Provided Healthcare Costs, Efforts to Stem Expenses

By Ilyse Schuman Two recently-released healthcare studies indicate that the rise in employer-provided healthcare coverage costs is part of a long-term trend, and that employers are taking affirmative steps to counter this escalation. The first survey, conducted by the Mercer consulting firm, suggests that while healthcare costs have increased over the years, the pace of… Continue Reading

Posted in Benefits & Wellness, Health and Welfare Plans, Healthcare Reform

Agencies Delay SBC Application Date, Issue New Guidance on MHPAEA

By Ilyse Schuman The Departments of Labor, Treasury, and Health and Human Services (HHS) have issued a new set of frequently asked questions (FAQs) announcing the delay of the Affordable Care Act’s summary of benefits and coverage (SBC) requirements for insurers and health plans, and providing guidance on the Paul Wellstone and Pete Domenici Mental… Continue Reading

Posted in Benefits & Wellness, Health and Welfare Plans, Healthcare Reform

HIPAA Privacy and Security Audits Begin in November 2011

By Sean D. Brown The HITECH Act, enacted as part of the American Recovery and Reinvestment Act of 2009, requires the United States Department of Health and Human Services (“HHS”) to perform periodic audits of covered entities and business associates to ensure compliance with the privacy and security rules under the Health Insurance Portability and… Continue Reading

Posted in Agency Rulemaking, Benefits Counseling

IRS Healthcare Coverage Reporting Requirement Remains Voluntary for 2011

By Employee Benefits Practice Group Recently, the Internal Revenue Service (IRS) hosted a webinar entitled “Reporting of Employer Healthcare Coverage on Form W-2.”   In the webinar, which provided a concise, useful overview of the Form W-2 healthcare coverage reporting requirements under the Affordable Care Act, the IRS was quick to note that employers will only… Continue Reading

Posted in Agency Rulemaking

Supreme Court Agrees to Decide Health Care Cases

By Ilyse Schuman As expected, the U.S. Supreme Court has agreed to review (pdf) cases challenging the constitutionality of the Affordable Care Act. The Court accepted the appeals filed in three cases that question the validity of the healthcare reform law, and will hear more than five hours of arguments during the Court’s spring session…. Continue Reading

Posted in Healthcare Reform

DC Circuit Court Upholds Constitutionality of Affordable Care Act’s Individual Mandate

By Ilyse Schuman Adding to the existing split among the judicial circuits, in Susan Seven-Sky v. Eric Holder, Jr., (pdf) the U.S. Court of Appeals for the D.C. Circuit affirmed a lower court’s finding that the Affordable Care Act’s individual insurance mandate is constitutional. This mandate, set forth in the law’s minimum essential coverage provision,… Continue Reading

Posted in Healthcare Reform