cmonfils | January 25, 2012
The Eleventh Circuit Court of Appeals recently held in a case of first impression in this circuit that the Family and Medical Leave Act (FMLA) “protects a pre-eligibility request for post-eligibility leave.” That is, the FMLA protects an employee who gives notice, before she is eligible for leave, of intent to take FMLA leave for a qualifying reason once she becomes eligible. Pereda v. Brookdale Senior Living Communities, Inc., D.C. Docket No. 0:10-cv-60773-FAM, Eleventh Circuit Court of Appeals (January 10, 2012).
Category: 11th, FMLA |
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cmonfils | January 3, 2012
Employer’s Guide to Self-Insuring Health Benefits December 2011 | Vol. 19, No.3
The U.S. Supreme Court definitively announced on Nov. 14 it will decide the question of whether Congress exceeded its powers to regulate commerce when it decided to require people to buy health insurance (that is, whether the individual mandate is allowed under the U.S. Constitution). The court will hear National Federation of Independent Business v. Sebelius; and Florida v. HHS. The High Court will hear oral arguments in February and March 2012; it said it will issue a ruling in June 2012. It will also cover the question of “severability;” that is, the issue of whether the entire law must fall in the event that the individual mandate is stricken. The National Federation of Independent Business expressed hope that the Court would overturn the law, saying that it was putting a damper on business growth and job creation. (more…)
Category: 11th, 4th, Health Care Legislation, HHS, PPACA, Supreme Court, Washington D.C. |
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cmonfils | November 29, 2011
THIRD CIRCUIT HOLDS THAT ERISA PLANS REIMBURSEMENT CLAIMS ARE SUBJECT TO EQUITABLE DEFENSES AND LIMITATIONS
On November 16, 2011, the Third Circuit held in US Airways, Inc. v. McCutchen, that an ERISA plan’s claims for reimbursement under ERISA §502(a)(3) are subject to equitable limitations and defenses. The matter involved a self-funded ERISA plan which had paid $66,866 on behalf of a plan participant who was injured in an automobile accident. (more…)
Category: 11th, 3rd, 8th, 9th, ERISA, Reimbursement |
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cmonfils | November 18, 2011
Is the Affordable Care Act constitutional or not?
It seems like every week brings a different wrinkle, if not a new answer.
The Supreme Court will convene on Thursday to decide whether to take up the case against reform. The universal expectation is that the high court will elect to grant certiorari, rather than avoid the lawsuits altogether.
Category: 11th, 4th, 6th, Health Care Legislation |
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cmonfils | October 13, 2011
www.modernhealthcare.com
By Joe Carlson October 3, 2011
The U.S. Justice Department charted a legal course last week that could produce a final decision on the constitutionality of the Patient Protection and Affordable Care Act in the heat of the 2012 presidential campaign.
Attorneys for the Justice Department filed their formal petition Aug. 28 for oral arguments before the U.S. Supreme Court to appeal a decision from Atlanta’s 11th U.S. Circuit Court of Appeals that the reform law’s mandate for individuals to purchase private insurance was unconstitutional. That same day 26 state governments, a national employers’ rights group and two private citizens—who all oppose the reform law—appealed different aspects of the same decision. (more…)
Category: 11th, 4th, PPACA, Supreme Court |
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cmonfils | October 6, 2011
www.foxnews.com
Published September 26, 2011 | Associated Press
The Obama administration has decided not to ask a federal appeals court in Atlanta for further review of a ruling striking down the centerpiece of President Barack Obama’s sweeping health care overhaul. (more…)
Category: 11th, Health Care Legislation |
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cmonfils | September 27, 2011
www.nydailynews.com
By Betsy Mccaughey Wednesday, September 14th 2011
Contrary to the headlines, the 4th Circuit Federal Court of Appeals did not “uphold” the constitutionality of the Obama health law’s mandatory insurance provision last week. The court dismissed the Virginia challenge for technical reasons but made a point of saying that the health law raises important constitutional questions that should be decided by the court on another day. (more…)
Category: 11th, Health Care Legislation, Virginia |
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cmonfils | September 9, 2011
Sep 08, 2011
The Virginia case, brought by state Attorney General Ken Cuccinelli, was considered one of the highest profile health law challenges to the health law. In its opinion, issued today, the appellate court ruled that the state does not have standing to challenge the law’s individual mandate because it lacks “a personal stake.” It also concluded that Liberty University’s challenge should be dismissed. (more…)
Category: 11th, 4th, 6th, Health Care Legislation, Virginia |
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cmonfils | August 31, 2011
www.ebia.com
From the August 18, 2011 EBIA Weekly
[State of Florida ex rel. Atty. Gen. v. HHS, 2011 WL 3519178 (11th Cir. 2011)]
Available at http://www.uscourts.gov/uscourts/courts/ca11/201111021.pdf
The 11th Circuit Court of Appeals has held that Congress exceeded its power to regulate interstate commerce when it enacted health care reform’s individual mandate, which beginning in 2014 will require individuals to maintain health coverage or pay a penalty. Conceding that the individual mandate cannot be neatly classified as either economic or noneconomic activity, the 11th Circuit examined the unprecedented nature and far-reaching implications of the mandate, as well as numerous limits on Congress’s commerce authority, and concluded that the federal government cannot mandate that individuals purchase and maintain health insurance from a private company. (more…)
Category: 11th, Health Care Legislation |
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cmonfils | August 22, 2011
www.eforerisa.com August 14, 2011
On August 12, 2011, a three-justice panel of the 11th Circuit Court of Appeals in Atlanta ruled that the PPACA’s individual mandate violated the Commerce Clause of the Constitution, which protects state commerce from federal regulation. In deeming the mandate to be unconstitutional, the 11th Circuit contradicted an earlier ruling in June by the 6th Circuit court in Cincinnati that upheld the measure. Now that two federal appeals courts have reached differing conclusions on the mandate, the issue may proceed to the Supreme Court, which begins a new term in October 2011. (more…)
Category: 11th, PPACA |
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cmonfils | August 22, 2011
www.nytimes.com
By MICHAEL COOPER August 12, 2011
The provision in President Obama’s health care law requiring Americans to buy health insurance or face tax penalties was ruled unconstitutional on Friday by the United States Court of Appeals for the 11th Circuit, in Atlanta.
It was the first appellate review to find the provision unconstitutional — a previous federal appeals court upheld the law — and some lawyers said that the decision made it more likely that the fate of the health care law would ultimately be decided by the Supreme Court. (more…)
Category: 11th, Georgia, Health Care Legislation, Health Insurance |
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cmonfils | August 15, 2011
www.myhealthguide.com
MyHealthGuide Source:
“The 11th U.S. Circuit Court of Appeals issued a ruling that forcing Americans to purchase health insurance, a key element of the 2010 health reform law, is unconstitutional. The court however allowed the rest of the law stand (including preventive care, dependent care and preexisting condition mandates), overturning the lower court on that,” writes Todd Leeuwenburgh, Thompson Blog on HR and Benefits. (more…)
Category: 11th, Health Insurance, PPACA |
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cmonfils | June 20, 2011
www.hrpolicy.org June 10, 2011
A survey released this week by McKinsey and Co. found that 30 percent of employers will “definitely” or “probably” stop offering employer-provided health insurance after 2014, when employer penalties and health insurance exchanges take effect under the health care reform law. In addition, the survey found that at least 30 percent of employers would benefit financially from dropping coverage even if they completely compensate employees through other benefits or higher salaries. (more…)
Category: 11th, Health Care Legislation, PPACA |
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cmonfils | May 3, 2011
Coordination of Benefits April 2011 | Vol. 19, No. 2
Once again we have a case involving a dispute — between Medicare and a survivor of a deceased Medicare beneficiary — over who has the first right to recovery from a third party’s obligations to the Medicare beneficiary. The case deals with Medicare’s rights under the Medicare Secondary Payer (MSP) law (42 U.S.C. §1395y(b)(2)). The MSP law provides that Medicare can recover benefits it paid from amounts that the Medicare beneficiary recovers from a third party. (more…)
Category: 11th, Medicare, Nevada |
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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…)
Category: 11th, Florida, Wellness |
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