Articles, White Papers and Other Information

Supreme Court rules in Favor of Religiously Affiliated Entities

The Supreme Court unanimously ruled in favor of an expanded church plan definition that includes certain plans established by religiously affiliated entitles. Document Excerpt Instead, it added language whose most naturalreading is to enable a plan “maintained” by a principal-purpose organization to substitute for a plan both “established” and “maintained” by a church. And as […]

Small Business will be allowed to Bypass the ACA Marketplace

CMS has announced that small businesses will be allowed to bypass the SHOP, the Affordable Care Act Marketplace designed for small businesses. Document Excerpt CMS will be exploring a more efficient implementation of the Federally-facilitated SHOP Marketplaces in order to promote insurance company and agent/broker participation and make it easier for small employers to offer […]

Fourth Circuit’s Decision on Removal of Reynolds Stock

The Fourth Circuit affirms the district court’s decision concluding that the fiduciaries’ decision to remove Reynolds stock did not cause the losses because a prudent fiduciary would have made the same divestment decision at the same time. Document Excerpt The “would have” standard does not demand such an impossible feat. Having a standard in which […]

CBO Estimates Of American Health Care Act

The CBO has released its estimates of the direct cost and effect of the American Health Care Act passed by the House. Document Excerpt CBO and the staff of the Joint Committee on Taxation (JCT) have prepared an estimate of the direct spending and revenue effects of H.R. 1628, the American Health Care Act, as […]

Section-by-Section Summary of American Health Care Act

The House, on a partisan vote, passed the American Health Care Act designed to repeal and replace the Affordable Care Act. Document Excerpt Link http://strategichealthcare.net/wp-content/uploads/2017/05/AHCA-Section-by-Section-Summary-FINAL.pdf

HHS Finalizes Market Place Stabilization Rule

The HHS has released its final marketplace stabilization rule which includes a broader ability to offer policies that are below the ACA standards as well as a reduced open enrollment period. Document Excerpt This rule finalizes changes that will help stabilize the individual and small group markets and affirm the traditional role of State regulators. […]

Trump Signs Legislation Nullifying DOL State-Based Savings Safe Harbor

President Trump signed into law H.J. Res. 67 which had provided a safe harbor auto enrollment provision for State-based (and some city based) retirement savings arrangements for employees in the private sector. Document Excerpt Link https://www.whitehouse.gov/the-press-office/2017/04/13/president-donald-j-trump-signs-hjres-67-law

Transcript of Oral Arguments in Church Plan Case

Transcript of oral arguments before the Supreme Court in the consolidated cases dealing with the church plan status of religiously affiliated entities. Document Excerpt Link: https://www.supremecourt.gov/oral_arguments/argument_transcripts/2016/16-74_p8k0.pdf

A District Court Rules Against Health Plan’s Cross-Plan Offset

The court ruled that offsetting charges for one patient against overpayments made to the same provider for another patient under a different plan constitutes an impermissible use of plan assets as the court found that no basis for the practice in the plan documents. Document Excerpt Applying the Finley factors, the Court finds that United’s […]

House Unveils two Bills to Replace the Affordable Care Act

Two House Committees unveiled bills that would replace the Affordable Care Act. Document Excerpt Link https://www.documentcloud.org/documents/3492553-Merged-Document.html#document/p1

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