Affordable Care Act

Four Myths Regarding the Hobby Lobby Case

Posted by on Jul 28, 2014

Four Myths Regarding the Hobby Lobby Case

    Not sure what to make of the Hobby Lobby Case?  Join the crowd.  We have been inundated in the past weeks with interpretations of the decision.  Here are just a few: Nancy Pelosi – “…five men could get down to specifics of whether a woman should use a diaphragm and she should pay for it herself or her boss.” NBC News – “Employers Do Not Have To Cover Birth Control” Josh Earnest (White House Press Secretary) – “Today’s decision jeopardizes the health...

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How do the Halbig and King Decisions Affect the ACA?

Posted by on Jul 23, 2014

How do the Halbig and King Decisions Affect the ACA?

    Two decisions regarding the permissibility of federal subsidies granted to ACA Federal Insurance Marketplace enrollees were released yesterday.  The two courts arrived at opposite conclusions. The far more significant court, the DC Circuit Court of Appeals, heard Halbig v. Burwell.  The three judge panel voted 2 -1 in favor of Halbig.  The majority believed that the language of the law is clear, unambiguous, and not open to interpretation of the IRS.  Specifically, the Act clearly...

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Does Hobby Lobby Decision Mean Employers Can Establish Religious Practices?

Posted by on Jul 8, 2014

Does Hobby Lobby Decision Mean Employers Can Establish Religious Practices?

       Judging from the hyperventilated responses from certain quarters in the wake of the Hobby Lobby decision one could conclude the SCOTUS codified the right of a private employer to compel certain religious observations by their employees.  This is false. Let’s review: The decision was based upon the Religious Freedom Restoration Act (RFRA) It applies ONLY to preventative coverage under the ACA It applies ONLY closely held private employers ( 5 majority shareholders or less) The...

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What do Yesterday’s SCOTUS Rulings Mean to Employers?

Posted by on Jul 1, 2014

What do Yesterday’s SCOTUS Rulings Mean to Employers?

         The Supreme Court issued two decisions yesterday.  One has implications for state governments as employers, and the other has implications for the Affordable Care Act. Harris v. Quinn involved the complaint of Harris, mother of a disabled son who, as his caregiver, is compensated through the state of Illinois Medicaid program.  Rod Blagojevich , then governor of Illinois, determined that such Medicaid recipients were employees of the state by virtue of receiving state funds for...

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The Shape Of Things To Come

Posted by on Jan 28, 2014

The Shape Of Things To Come

I do not have a crystal ball that allows me to see into the future. But I have learned this since October 1, 2013: The one sure bet on the Affordable Care Act so far is that the worst case scenario is the most likely to materialize.

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HHS Moves the Goal Posts Again On The ACA

Posted by on Nov 25, 2013

HHS Moves the Goal Posts Again On The ACA

   The Obama Administration announced changes last Friday in dates relevant to open enrollment in 2014; it also announced that 2013 enrollees will have until December 23rd to pay for insurance coverage beginning January 1, 2014 (the previous deadline was December 15).  We should expect more of the same as long as the Act is law. The fact of the matter is that between the sweeping powers granted the Secretary of Health and Human Services under the Act and the Executive Office power of...

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