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|The Affordable Care Act—Countdown to Compliance for Employers, Week 22: Charting the Future of the Premium Subsidies (and Employer Penalties): Halbig v. Burwell and King v. Burwell|
Roy M. Albert, Alden J. Bianchi, Stephen M. Weiner; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
July 29, 2014, previously published on July 28, 2014On July 22, 2014, two federal appellate courts issued conflicting decisions, within hours of each other, regarding the IRS final rule published on May 23, 2012 (the “IRS Rule”), intended to implement the exchange-related tax credit provisions of the Affordable Care Act...
|Federal Courts Issue Conflicting Decisions on Affordable Care Act Subsidies|
Tiffany D. Downs; Ford & Harrison LLP;
July 28, 2014, previously published on July 23, 2014Executive Summary: On July 22, 2014, two different federal appeals courts issued conflicting decisions on the availability of subsidies for health insurance purchased by individuals on Exchanges established by the federal government under the Affordable Care Act (ACA). A three-member panel of the...
|The Prodigal Pension Plan Member|
Lorraine Allard; McCarthy Tétrault LLP;
July 28, 2014, previously published on July 16, 2014It’s one of those pension administration nightmares - someone of pensionable age shows up at your door claiming he was an employee 20 years ago and asks for his pension. There is some evidence of employment, but no record of a pension entitlement. As a fiduciary you cannot pay out benefits...
|Federal Government Report on Data Breaches in Health Care|
Margaret Young Levi; Wyatt, Tarrant & Combs, LLP;
July 28, 2014, previously published on July 21, 2014The U.S. Department of Health and Human Services, Office for Civil Rights (OCR) has issued two reports to Congress required by Section 13402(i) of the Health Information Technology for Economic and Clinical Health (HITECH) Act:
|Will There Be Tax Credit Subsidies for Health Coverage Purchased on the Federal|
Thora A. Johnson, Elizabeth C. Keenan, Ralph S. Tyler; Venable LLP;
July 25, 2014, previously published on July 23, 2014There is no letup in the intensity of the litigation wars surrounding the Affordable Care Act (ACA) or in the significance of the matters at issue. In 2012, the Supreme Court narrowly upheld the ACA in the face of a full-scale attack while invalidating the ACA's Medicaid expansion requirements. A...
|Updated Model Cobra Continuation Coverage Election Notice|
Lamb Barnosky LLP;
July 22, 2014, previously published on July 9, 2014The U.S. Department of Labor recently issued an updated Model COBRA Continuation Coverage Election Notice (a copy is attached to this memo and available at http://www.dol.gov/ebsa/COBRA.html). The Updated Notice must be provided to COBRA qualified beneficiaries within 14 calendar days after the...
|The Affordable Care Act—Countdown to Compliance for Employers, Week 23: The Impact of Employment Contract Terms on Variable Hour Employee Status|
Alden J. Bianchi; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
July 22, 2014, previously published on July 20, 2014For applicable large employers (i.e., employers who employed at least 50 full-time and full-time equivalent employees on business days during the preceding calendar year) endeavoring to comply with the Affordable Care Act’s employer shared responsibility rules, determining an employee’s...
|DC Pensions Flexibility: Government Consultation Response Published|
Jonathan Moody, Anna Rogers, Ian Wright; Mayer Brown International LLP;
July 22, 2014, previously published on July 21, 2014In the 2014 Budget, the Government announced what it called “the most fundamental reform to the way people access their pensions in almost a century”. The most significant change announced was that, from April 2015, members with money purchase or cash balance rights would be able to...
|City of Quincy, Massachusetts Bidding Requirements Pre-empted by Federal Law|
David P. Ray; Bernstein Shur;
July 22, 2014, previously published on July 18, 2014In a case just decided by the First Circuit Court of Appeals in Boston, the Court has concluded that a City of Quincy, Massachusetts ordinance requiring bidders on municipal projects in the city to engage in a specific type of apprentice training program violated the Federal Employment Retirement...
|Wheaton College Order Changes Landscape of Contraceptive Mandate for Religious Nonprofit Organizations|
Jim Rourke; Nexsen Pruet, LLC;
July 22, 2014, previously published on July 9, 2014Last Thursday, while many of us were preparing for the long weekend ahead, the U.S. Supreme Court was hard at work, issuing an order that may have far-reaching implications for religious nonprofit organizations.