- ARRA Changes to Privacy and Security Rules March 2, 2009
American Recovery And Reinvestment Act Changes To The Health Information Privacy And Security Rules
Holland and Hart The Law Out West
- Effective February 17, 2010, business associates will be directly subject to the HIPAA privacy and security rule. Currently, HIPAA only applies directly to covered entities, and a business associate is only indirectly regulated by HIPAA through the business associate agreement established with the covered entity. (more…)
- U.S. Employers Expect Steady Rise in Health Costs March 2, 2009
U.S. employers expect steady rise in health costs
Reporting by Maggie Fox; Editing by John O’Callaghan
The survey of 489 large U.S. employers also showed that more plan to offer consumer-directed health plans in 2010 to try to control cost increases.
“Cost increases have stabilized, but the financial crisis is causing many companies to reevaluate their health plan strategies,” said Ted Nussbaum, group and health care practice expert at consultants Watson Wyatt, which helped conduct the survey.
- House Passes COBRA Extension, Subsidy February 3, 2009
House passes COBRA extension, subsidy
The COBRA provisions, embedded in a massive economic stimulus package that the House approved on a party-line 244-188 vote, would be a huge expansion of the COBRA law and would saddle employers with health care costs few could have imagined when Congress enacted the health care continuation law in 1986.
Under the measure, employees who stop working as young as age 55 could retain COBRA coverage until becoming eligible for Medicare when they turn 65, regardless of how long they worked for the employer.
- Department of Labor’s Final Rule on Family and Medical Leave December 2, 2008
Department of Labor’s Final Rule on Family and Medical Leave
Phelps Dunbar LLP
Highlights of the New FMLA Regulatory Changes
Military Family Leave: On January 28, 2008, President Bush signed into law the National Defense Authorization Act (“NDAA”) of 2008. Section 585(a) of the NDAA amended the FMLA to provide two new leave entitlements relating to military duty, service and leave necessitated by such duty/service:
- Massachusetts Issues Final Guidance on Minimum Creditable Coverage December 1, 2008
Massachusetts Issues Final Guidance on Minimum Creditable Coverage
Patrick C. Haynes, Jr., Esq., LL.M.
On Friday, October 17, 2008, the Massachusetts Connector released final regulations regarding minimum creditable coverage (MCC) requirements under the Massachusetts health care reform law. These requirements are effective January 1, 2009.
Should an employer’s health/Rx plan not satisfy the MCC requirements for Mass. Residents enrolled in the plan, those participants (employees and retirees) may be subject to tax penalties ranging from $295 to as much as $902. (more…)
- EBRI Consumer Engagement in Health Care Survey November 30, 2008
Findings From the 2008 Employee Benefit Research Institute (EBRI) Consumer Engagement in Health Care Survey
EBRI Issue Brief #323, Employee Benefit Research Institute© 2008
Enrollment low but growing: In 2008, 3 percent of the population was enrolled in a consumer-driven health plan (CDHP), up from 2 percent in 2007 and 1 percent in 2006. Enrollment in HDHPs remained at 11 percent. Overall, 9.8 million adults ages 21–64 with private insurance (representing 6.6 percent of that market) were in either a CDHP or an HDHP that was eligible for an HSA, but had not opened the account. (more…)
- America's Best Health Insurance Plans November 29, 2008
America’s Best Health Insurance Plans
By Michelle Andrews U.S. News & World Report
For years, workers have watched their healthcare outlays rise and benefits shrink, and for some, whether they will have benefits at all suddenly is in doubt. As Wall Street’s turmoil sloshes over Main Street, it seems that every day another trusted company files for bankruptcy, succumbs to a takeover, or shuts its doors. Nearly 34,000 businesses filed for bankruptcy in the 12 months ending in June, 42 percent more than the year before—and the word from on high is that this may be just the beginning. If your company stumbles, your healthcare, along with your job and your 401(k), could suffer as well. Many employees may worry they’re only a couple of bad balance sheets away from joining the ranks of the nearly 46 million Americans without health insurance. Unfortunately, they may be right. (more…)
- Onsite Health Facilities: Watch Out for Regulatory Pitfalls November 3, 2008
Onsite Health Facilities: Watch Out for Regulatory Pitfalls
Today’s onsite health care facilities usually go beyond dispensing bandages and aspirin. Many provide comprehensive medical services to employees and sometimes to spouses and other family members. Yet the employers implementing and paying for these facilities — commonly through a third-party vendor — are often unaware that some of these benefits are considered employer-provided health care and thus are subject to the Employee Retirement Income Security Act (ERISA), the Consolidated Omnibus Budget Reconciliation Act (COBRA), the Health Insurance Portability and Accountability Act (HIPAA) and the Internal Revenue Code. (more…)
- Sununu, Gregg Announce Signing of "Michelle's Law" November 2, 2008
Sununu, Gregg Announce Signing of “Michelle’s Law”
The law is named for the late Michelle Morse, a 20-year-old college student at Plymouth State University (New Hampshire) who died in 2005. Michelle had remained a full-time student while being treated for advanced colon cancer because, due to existing law at the time, her parents’ insurance would not otherwise cover her care. Her case prompted the State of New Hampshire to adopt a similar law in 2006. (more…)
- Adoption Act Amends Tax Code Definition of Qualifying Child November 1, 2008
Adoption Act Amends Tax Code Definition of Qualifying Child
The definition is used to determine eligibility for certain tax benefits, such as the dependency exemption, the child tax credit, the earned income tax credit and the dependent care tax credit. In addition, it is referenced by many employer-sponsored health care and dependent care plans.
Under current law, a qualifying child of a taxpayer generally must: (more…)