Articles, White Papers and Other Information

SEC Proposed Interpretation of Best Interest Standard of Conduct

Along with the issuance of its proposed regulations, the SEC is also publishing a proposed interpretation of the standard of conduct and request for comments. Document Excerpt The Securities and Exchange Commission (the “SEC” or the “Commission”) is publishing for comment a proposed interpretation of the standard of conduct for investment advisers under the Investment […]

SEC Proposed Rule on Best Interest Standard

The SEC has issued a proposed regulation establishing a standard of conduct for broker-dealers and those associated with broker-dealers when making recommendations of securities transactions or investment strategies involving securities to retail customers. Document Excerpt This obligation shall be satisfied if: the broker-dealer or a natural person who is an associated person of a broker-dealer, […]

Guidance ending Special Enrollment Periods for 2017

CMS issues guidance ending special enrollment periods for coverage during calendar year 2017. Document Excerpt Consistent with our practice in prior years, as of April 1, 2018, CMS is no longer accepting new requests for a Special Enrollment Period (SEP) that would enable consumers to enroll in a Qualified Health Plan (QHP) with 2017 coverage […]

Q & A on Medical Loss Ratio Reporting and Rebate Requirements

CCIIO issues technical guidance in the form of Qs and As on the medical loss ratio reporting and rebate requirements. Document Excerpt The purpose of this bulletin is to supplement Q&A #18 in the July 18, 2011 CCIIO Technical Guidance1 and other prior guidance2 regarding the employee counting method for determining market size for purposes […]

Process for a State to submit a Request for Adjustment to Individual Market MLR Standard

CCIIO issues technical guidance on the process for a state to submit a request for adjustment to the individual market medical loss ratio standard. Document Excerpt Section 2718 of the Public Health Service Act (PHS Act), as added by the Patient Protection and Affordable Care Act (PPACA), requires health insurance issuers (issuers) to submit a […]

Fifth Circuit Strikes Down Fiduciary Rule

Finding that the DOL exceeded its authority, the Fifth Circuit strikes down the DOL’s fiduciary rule. Document Excerpt The district court rejected all of these challenges. Finding merit in several of these objections, we VACATE the Rule. Link

House Committee on Education Contacts DOL re: AHPs

The House Committee on Education and Workforce contacted the Secretary of Labor requesting that the DOL consider the House-passed Small Business Health Fairness Act of 2017 in its regulation of Association Health Plans. Document Excerpt Link

Supreme Court Rules Retiree Health Benefits Not Vested for Life

The Court found, in a unanimous opinion, that the retiree health benefits ended when the collective bargaining agreement ended. Document Excerpt In this case, the Sixth Circuit held that the same Yard-Man inferences it once used to presume lifetime vesting can now be used to render a collective-bargaining agreement ambiguous as a matter of law, […]

GAO Analyzed Changes in Exchange Benchmark Plans

The GAO has analyzed changes in benchmark plans and premiums from 2015 through 2017. Document Excerpt • In most of the nearly 2,600 counties included in the analysis, the plans identified as benchmark plans, and the premiums for these plans, changed from year to year. For example, in 85 percent of counties, the 2015 benchmark […]

CRS FAQs on the Affordable Care Act

The Congressional Research Service produced this Frequently Asked Questions to assist Congressional staffers in responding to constituents with questions about the Affordable Care Act. Document Excerpt Link

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