Articles, White Papers and Other Information

Notice of Proposed Rulemaking on HIPAA Privacy Accounting

HHS proposes to expand the accounting provisions to provide individuals with a right to receive an access report indicating who has accessed electronic protected health information. Document Excerpt The purpose of these modifications is, in part, to implement the statutory requirement under the Health Information Technology for Economic and Clinical Health Act (the HITECH Act) [...]

Final Regulation on Disclosure and Review of Rate Increases

HHS issues final regulations on the disclosure and review of rate increases by insurance companies. Document Excerpt This final rule with comment period implements requiremetns for health insurance issurers regarding disclosure and review of unreasonable premium increases under section 2794 of the Public Health Service Act. The final rule establishes a rate review program to [...]

Qs and As on Medical Loss Ratio

HHS has issued guidance on the medical loss ratio requirements under the Affordable Care Act applicable to insurers. Document Excerpt  This Bulletin provides guidance on the following topics regarding the MLR Interim Final Rule:• Definition of Small Employer; • Mini-Med Plan MLR Reporting; • Expatriate Plan MLR Reporting; • Reimbursement for Clinical Services Provided to [...]

Supreme Court Holds Detrimental Reliance Not Required

The Supreme Court in Cigna v. Amara holds that the more rigorous requirement of demonstrating detrimental reliance is not required, but rather, in order to recover, the plaintiff must show actual harm and causation. Document Excerpt We believe that, to obtain relief by surcharge for violations of §§102(a) and 104(b), a plan participant or beneficiary must [...]

Notice of Intent for Investment Adviser Performance Compensation

The SEC gives notice that it intends to issue an order that would adjust two dollar amount tests in the rule under the Investment Advisers Act of 1940 that permits investment advisers to charge performance based compensation to “qualified clients.” Document Excerpt The adjustments would revise the dollar amount tests to account for the effects [...]

Proposed Rule Governing Reporting of Incentive-Based Compensation

The proposed rule would require the reporting of incentive-based compensation arrangements by certain financial institutions pursuant to the Dodd-Frank Act. Document Excerpt The OCC, Board, FDIC, OTS, NCUA, SEC, and FHFA (the Agencies) are proposing rules to implement section 956 of the Dodd-Frank Wall Street Reform and Consumer Protection Act. The proposed rule would require [...]

CBO Testimony on Affordable Care Act

The Congressional Budget Office testified before Congress on the impact of the Affordable Care Act with respect to expanded coverage and costs. Document Excerpt This morning I testified before the House Energy and Commerce’s Subcommittee on Health on CBO’s analysis of the Patient Protection and Affordable Care Act (PPACA) and the health care provisions of [...]

Discussion of Grandfathered Plan Status by Charles C. Shulman, Esq.

A discussion of the regulations issued in June of 2010 and amended in Nov. 17, 2010 containing rules for determining if the health plan coverage is grandfathered.

Article from Attorney Charles C. Shulman on the Strategy of ESOP Buyouts for Private Companies

ESOPs can prove an effective strategy for owners of privately held businesses looking for a tax-effective means of selling their business particularly in times of a slow economy.

Assessing whether a Self-Directed IRA Can Be Invested in a Related Investment

What issues must be addressed when evaluating whether a self-directed IRA can be invested in an investment in which the IRA owner has an interest either individually or as a result of a relationship with a relative or employer.

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