This post was contributed by Eric N. Athey, Esq., a Member in McNees Wallace & Nurick LLC’s Labor and Employment Practice Group.
The Patient Protection and Affordable Care Act ("PPACA") requires "large employers" (i.e., those regularly employing 50 or more full-time equivalents) to provide "affordable" health coverage of "minimum value" to "full-time employees" and…
With the re-election of President Obama in November, the Patient Protection and Affordable Care Act (a.k.a. “healthcare reform” or “Obamacare”) survived its second major challenge in 2012. Many employers had been awaiting the outcome of the election before devoting substantial effort to long-term compliance planning. The period of “wait and see” is now over and employers are well-advised to start looking ahead to 2014, when the Act’s most significant provisions take effect. Employers should expect a steady stream of PPACA guidance and regulations flowing out of Washington over the next twelve months. The first significant post-election installment of PPACA guidance was issued on November 20, 2012 when the Internal Revenue Service (“IRS”), U.S. Department of Labor (“DOL”) and U.S. Department of Health and Human Services (“HHS”) jointly issued two Proposed Rules and one Notice of Proposed Rulemaking.
Continue Reading Healthcare Reform Update: Recent Federal Guidance Focuses on 2014
The Patient Protection and Affordable Care Act (“PPACA”), otherwise known as Health Care Reform, is now 2 ½ years old. It narrowly survived its first major legal challenge with the Supreme Court’s decision in July. PPACA survived its second big hurdle with the re-election of President Obama earlier this month. While many of PPACA’s biggest requirements do not take effect until 2014, employers and health plans must be mindful of the flurry of compliance requirements that will soon take effect under the Act. Here is a quick look at the PPACA compliance issues that employers and health plans should be focused on now.
Continue Reading Health Care Reform Update – Five Compliance Issues Employers Should Focus on Now
Employers and wellness advocates have long been confounded by the complex gauntlet of federal laws and regulations that must be considered when structuring wellness programs. HIPAA’s non-discrimination requirements, the Genetic Information Nondiscrimination Act (“GINA”) and, perhaps most daunting, the Americans with Disabilities Act (“ADA”) are among the laws that come into play when an employer is considering its wellness plan options.
Perhaps the most closely watched legal issue concerning wellness programs is this: May an employer offer a health coverage premium discount to those employees who complete a “health risk assessment” (“HRA”) that is administered in connection with a wellness program? Or, put another way, may employees who choose not to complete an HRA be subject to a premium surcharge? HIPAA regulations clearly allow employers to offer “bona fide wellness programs” with limited premium discounts; however, tying a discount to completion of an HRA presents a potential rub under the ADA.
Continue Reading Federal Appeals Court Gives Wellness Program a Clean Bill of Health
Earlier this morning, the United States Supreme Court issued its much-anticipated decision on the constitutionality of the federal Patient Protection and Affordable Care Act (PPACA), the health care reform legislation signed into law by President Obama in 2010. The Supreme Court ruled that the PPACA, including the individual mandate requiring almost all Americans to buy health insurance, is constitutional.
To help employers determine how the Supreme Court’s decision affects their businesses and benefits plans, the Employee Benefits Practice of McNees Wallace & Nurick LLC will be offering two presentations in July 2012 entitled “What the Supreme Court’s Decision on Health Care Reform Means to Your Business.” These presentations will provide a practical guide to employers and other professionals who need to understand the decision and their obligations under the PPACA going forward.
Continue Reading McNees to Offer Seminars on How the Supreme Court’s Health Care Decision Affects Your Business
The past couple of weeks have been busy ones for the Department of Labor (“DOL”), the Department of Health and Human Services (“DHHS”) and the Department of Treasury (“DOT”) (collectively, the “Departments”). Since February 9, 2012, the Departments have issued two sets of final regulations and a Technical Release bulletin, providing some long-awaited guidance on a…
So your employee recently posted photos of herself lounging poolside with margarita in hand while out on FMLA leave. Can you do something more than just compliment her nice tan?
Earlier this year, in the case of Pellegrino v. Communications Workers of America, a Pennsylvania federal court answered yes. The court upheld the termination of an employee for violating a work rule that restricted employee travel outside the immediate vicinity while on FMLA leave.
Continue Reading Curbing FMLA Abuse: Policies Restricting an Employee’s Travel While on Paid Sick Leave
This post was contributed by Charles T. Young, Jr., Esq., Of Counsel and a member of the Litigation and Insurance Litigation and Counseling Practice Groups
The continuing rise in the cost of health care is increasing the level of scrutiny and risk associated with employer health plans. The financial stresses associated with skyrocketing costs have…
This post was contributed by Eric N. Athey, Esq., a Member in McNees Wallace & Nurick LLC’s Labor and Employment Law Practice Group.
As 2011 approaches, perhaps the biggest compliance issue for employers under the Patient Protection and Affordable Care Act ("PPACA") is whether it is advisable to retain "grandfathered" status for their health…
This post was contributed by Eric N. Athey, Esq., a Member in McNees Wallace & Nurick LLC’s Labor and Employment Law Practice Group.
The Patient Protection and Affordable Care Act (“PPACA”) (pdf), otherwise known as the Health Care Reform Law, is hundreds of pages long and contains dozens of requirements affecting employers, health…
