Phia Group Russo & Minchoff

SIIA to Build National Grassroots Lobbying and Political Action Network

cmonfils | April 27, 2011

www.siia.org

April 27, 2011 – The Self-Insurance Institute of America, Inc. (SIIA) today announced that it will be launching a new initiative next month to build a national grassroots advocacy and political action network designed to further bolster its lobbying capabilities in Washington, DC. (more…)

Amicus Committee Update Bills in North Carolina

cmonfils | April 26, 2011

www.subrogation.org 

NORTH CAROLINA TORT REFORM

Several bills have been introduced in North Carolina with the hope of reforming the tort system.  We will only highlight briefly some of the finer points relating to subrogation: (more…)

Amicus Committee Update Bills in New York

cmonfils | April 26, 2011

www.subrogation.org

New York Senate Bill 4576

The New York anti-subrogation law is back!  The latest bill seeks to clarify and expand limits on subrogation.  As you may remember, in 2009 the State of New York passed a law that eliminated subrogation and reimbursements rights for health and disability plans in personal injury and wrongful death actions based upon settlement of a claim.   (more…)

LARGE HOSPITAL CONTRACTUALLY PROHIBITS COMPETITION

cmonfils | April 25, 2011

All of you have undoubtedly dealt with a situation where there are only a few hospitals in a region, and they abuse that fact liberally.  This dispute, which was recently settled in Texas, is titled United States of America and State of Texas v. United Regional Health Care System, 2011 WL 846762 (N.D.Tex.).  You will recognize the story, as it has certainly happened to you, too! (more…)

Experiments With ACOs Successful in Private Sector

cmonfils | April 25, 2011

www.businessinsurance.com      April 18, 2011

While the use of accountable care organizations to improve health care quality while holding down costs may be new to Medicare, the private sector has been successfully experimenting with similar initiatives since 2007. (more…)

Incentives OK Under ADA: Court

cmonfils | April 25, 2011

www.businessinsurance.com     April 18, 2011

FORT LAUDERDALE, Fla.—The U.S. District Court for the Southern District of Florida dismissed a lawsuit alleging that financial incentives to participate in a voluntary wellness program as part of a health plan provided to employees by Broward County, Fla., violated the Americans with Disabilities Act. (more…)

Reform Rule May Boost Costs

cmonfils | April 25, 2011

www.businessinsurance.com    April 18, 2011

While accountable care organizations authorized under the health care reform law hold the promise of lowering costs for Medicare beneficiaries, they could have the opposite effect on employer-sponsored benefit costs, health care experts warn. (more…)

Voucher Mandate Cut From Reforms

cmonfils | April 25, 2011

www.businessinsurance.com    April 18, 2011

Employers relieved as Congress nixes complex requirement

WASHINGTON—Employers were pleasantly surprised last week when congressional negotiators agreed to strip a provision in the health care reform law requiring employers to offer low-wage employees company-paid vouchers to purchase coverage in state health insurance exchanges. (more…)

Supreme Court Takes No Action on Healthcare Reform Case, PPACA

cmonfils | April 25, 2011

MyHealthGuide Source: James Vicini, Reuters, 4/18/2011, www.reuters.com

The U.S. Supreme Court took no action on April 18 on a request to speed up a ruling on President Barack Obama’s healthcare overhaul law, his signature domestic accomplishment that has provoked a fierce political battle. (more…)

Health Reform Insights from SPBA Active Past President Fred Hunt

cmonfils | April 25, 2011

MyHealthGuide Source: Fred Hunt, Active Past President, Society of Professional Benefits Administrators, 4/18/2011, www.SPBATPA.org

CAPITOL HILL is a ghost town for their recess until April 29th.

So, Congressmen and exhausted staff were bailing out as soon as the votes were completed Friday. The good news is that the health related parts reported to you a week ago (such repealing the vouchers based on finding the total household income of employees) in the Continuing Resolution (CR) agreement for the rest of 2011 have been formally voted into law. (more…)

Solving the PPACA Puzzle: Is stop-loss the Answer? – Getting Up To Speed on Self-Funding and Stop-Loss Insurance Takes on New Urgency.

cmonfils | April 25, 2011

www.benefitnews.com

By Kurt Haag          April 1, 2011 

In this post-health care reform environment, benefit advisers – and their employer clients – face a new world order. For instance, with new restrictions on capping lifetime maximum benefits, the burden of managing the potential financial risk posed by even one employee’s catastrophic illness looms large. 

Stop-loss insurance may be a way to address this challenge.  (more…)

ERISA-Tenth Circuit Determines That Plaintiff Has No Standing To Bring Suit Under ERISA, So That His Claim Cannot Be Removed To Federal Court

cmonfils | April 25, 2011

www.erisalawyerblog.com 

By Stanley D. Baum on April 21, 2011 

In Hansen v. Harper Excavating, Inc., No. 08-4089 (10th Cir. 2011), the plaintiff, Jeffery Hansen (“Hansen”), had worked for the defendant, Harper Excavating, Inc. (“Harper”), for six months beginning in 2003. During this time, he attempted to enroll in Harper’s health insurance plan (the “Plan”). The Plan is subject to ERISA. However, unknown to Hansen, Harper never enrolled him in the Plan, although it did deduct Plan contributions from his paycheck. (more…)

When Do PPACA Claims & Appeals Rules Apply?

cmonfils | April 25, 2011

www.plansponsor.com

April 19, 2011 (PLANSPONSOR.com) – The effective dates for the new claims and appeals requirements under PPACA have changed more than once (even since we’ve written about this issue before).  

Not surprisingly, we have been receiving a number of questions asking us to clarify these various dates. 

The Department of Labor issued a grace period – does the grace period apply to all of the new claims and appeals requirements?  (more…)

Developments for Employers that Sponsor Wellness Programs

cmonfils | April 25, 2011

www.mwe.com 

April 15, 2011

The ruling in Seff V. Broward County has helped to establish guidance as to what is permissible with respect to the design of wellness programs under the Americans With Disabilities Act (ADA). The U.S. District Court for the Southern District of Florida ruled that Broward County’s wellness program fell within the ADA’s safe harbor provision.  (more…)

U.S. v. United Regional Health Care System – Another Provider Lawsuit?!!!

cmonfils | April 22, 2011

2011 WL 846762 (N.D.Tex.) (Trial Pleading)
United States District Court, N.D. Texas.
Wichita Falls Division 
UNITED STATES OF AMERICA and State of Texas, Plaintiffs,
v.
UNITED REGIONAL HEALTH CARE SYSTEM, Defendant.

No. 7:11CV00030. 

February 25, 2011. 

Complaint 

For Plaintiff United States of America, Christine A. Varney, Assistant Attorney General for Antitrust.
Joseph F. Wayland, Deputy Assistant Attorney General.
Patricia A. Brink, Director of Civil Enforcement.
Joshua H. Soven, Chief, Litigation I Section.
Peter J. Mucchetti, Assistant Chief, Litigation T Section.
Scott I. Fitzgerald (WA Bar #39716), Andrea V. Arias, Amy R. Fitzpatrick, Adam Gitlin, Steven B. Kramer, Richard Liebeskind, Richard D. Mosier, Mark Tobey, Kevin Yeh, Attorneys for the United States, United States Department of Justice, Antitrust Division, Litigation I Section, 450 Fifth Street, N.W., Suite 4100, Washington, DC 20530, Telephone: (202) 353-3863, Facsimile: (202) 307-5802.
For Plaintiff State of Texas, Greg Abbott, Attorney General of Texas.
Daniel T. Hodge, First Assistant Attorney General.
Bill Cobb, Deputy Attorney General for Civil Litigation.
John T. Prud’homme, Jr., Chief, Antitrust Division, Office of the Attorney General, 300 W. 15th St. 7th floor, Austin, TX 78701, Telephone: (512) 936-1697, Facsimile: (512) 320-0975. 

The United States of America, acting under the direction of the Attorney General of the United States, and the State of Texas, by and through the Texas Attorney General, bring this civil antitrust action to enjoin defendant United Regional Health Care System (“United Regional”) from entering into, maintaining, or enforcing contracts with commercial health insurers that effectively prevent those insurers from contracting with United Regional’s competitors, in violation of Section 2 of the Sherman Act, 15 U.S.C. § 2, and to remedy the effects of its unlawful conduct. Plaintiffs allege as follows:  (more…)