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HTMLWhy Can’t We Be Friends? The Supreme Court Discovers an Unexpected Meeting of the Minds in Zubik v. Burwell
Hera S. Arsen, Timothy G. Verrall; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 26, 2016, previously published on May 16, 2016
Regardless of one’s preferred metaphor, the Supreme Court of the United States is adept at ducking, punting, and otherwise avoiding messy and socially divisive interpretive issues. Every once in a while, the parties even help the Court out. Facing the prospect of another evenly divided 4-4...

 

HTMLERISA Preemption Made Easy? Supreme Court Sends Vermont All-Payer Database Back to the Drawing Board
Hera S. Arsen, Timothy G. Verrall; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 7, 2016, previously published on March 1, 2016
On the first day of decisions since the unexpected passing of Justice Scalia, the Supreme Court of the United States ventured into the thorny area of preemption under the Employee Retirement Income Security Act (ERISA) and managed to articulate a reasonably clear standard for evaluating preemption...

 

HTMLWhich Way Did Our Money Go? Supreme Court Decides ERISA Subrogation Issue
Hera S. Arsen, Timothy G. Verrall; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
February 1, 2016, previously published on January 20, 2016
On January 20, 2016, the Supreme Court of the United States addressed the first of several ERISA-related cases on its October 2015 docket, reversing the Eleventh Circuit Court of Appeals and concluding that the trustees of the National Elevator Industry Health Benefit Plan were a day late and...

 

Adobe PDFHappy New Year from the IRS!
Ann Carr Mackey, Timothy G. Verrall; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
January 11, 2016, previously published on December 31, 2015
For the many employers and health care providers that have thus far been spending their holidays poring over the Affordable Care Act’s (ACA) new tax forms and their cryptic instructions in anticipation of the inaugural round of reporting under Sections 6055 and 6056 of the Internal Revenue...

 

HTMLNew ACA Reporting: Frequently Asked Questions About Form 1095-C
Stephanie Alden Smithey, Timothy G. Verrall; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 18, 2015, previously published on November 12, 2015
For many employers, the employer mandate under the Affordable Care Act (ACA) is already a reality. Having now worked out some of the administrative kinks associated with providing the health plan coverage required by the mandate, employers face a new and daunting challenge: detailed reporting to...

 

HTMLSupreme Court Once Again Saves the ACA: Rules Yes on Tax Credits For Purchasers From a Federal Exchange
Hera S. Arsen, Timothy G. Verrall; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
July 3, 2015, previously published on June 25, 2015
On June 25, 2015, the Supreme Court of the United States ruled that tax credits are available to individuals in states that have a federal Exchange under Section 1321 of the Affordable Care Act (the Act or the ACA). In a 6-to-3 ruling, the majority opinion declined to treat the issue as merely a...

 

HTMLSet It and Forget It? Not so Fast, Says the Supreme Court in Tibble
Preston R. Burch, Timothy G. Verrall; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 29, 2015, previously published on May 18, 2015
On May 18, 2015, the Supreme Court of the United States rendered a much anticipated (by ERISA attorneys, at least) decision in Tibble v. Edison International, clarifying a relatively narrow but still significant issue involving fiduciary responsibilities and retirement plan investments. Tibble v....

 

HTMLHonored in the Breach: Employer Action Items for an Insurer Data Breach
Stephen A. Riga, Danielle Y. Vanderzanden, Timothy G. Verrall; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 19, 2015, previously published on February 5, 2015
This morning, Anthem Blue Cross and Blue Shield, one of the largest health insurers in the country, notified its policyholders, members, and business partners that it was recently the target of an external cyber attack that appears to have comprised the confidentiality of medical and other personal...

 

HTMLIdentify Yourself! Deadline for Health Plan Identifiers is Fast Approaching
Lucas J. Asper, Stephanie Alden Smithey, Timothy G. Verrall; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 30, 2014, previously published on September 26, 2014
One of the lesser-known health plan requirements adopted by the Patient Protection and Affordable Care Act (ACA) has an initial deadline that is fast approaching, and most employers will need to take action to ensure that their group health plans remain in compliance. As discussed below, the ACA...

 

HTMLResistance WAS Futile—California Conforms to ACA Waiting Period Requirement
Timothy G. Verrall; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 29, 2014, previously published on August 20, 2014
After wandering in the wilderness for a year, California has now come in from the cold and conformed its requirements for eligibility waiting periods to the federal standard adopted in the Affordable Care Act (ACA). Effective January 1, 2015, SB 1034 imposes a 90-day limit on eligibility waiting...

 


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