Phia Group Russo & Minchoff

Recent State Law Changes May Impact Your Health and Welfare Program

cmonfils | January 8, 2012

As a general rule, state insurance laws apply to employer-sponsored insured group health plans but not self-insured group health plans. The Employee Retirement Income Security Act of 1974, as amended (ERISA) generally exempts group health plans sponsored by private sector employers from state insurance laws. However, because insurers must comply with state insurance laws, a group health plan that purchases insurance to provide benefits will be indirectly subject to the state laws applicable to the insurer. Thus, if your company sponsors a group health plan that includes any kind of insurance contract or policy, you should make sure that you keep up-to-date on state law changes and their impact on your plan, and that you properly notify your participants (and, in certain cases, eligible individuals) of any changes to their plan benefits.

States to Get U.S. Bonuses for Covering Uninsured Children

cmonfils | January 5, 2012

CHIP –AL, AK, CA, ID, IL, OA, KS, LA, MI, NJ, NM, OH, OR, WA, WI

Dec. 28 (Bloomberg) — Twenty-three states will share $296.5 million in U.S. payments for encouraging low-income families to enroll their children in public health programs.

Bonuses announced today reward states that streamline eligibility for Medicaid, the federal-state health program for the poor, or the Children’s Health Insurance Program. The effort is aimed at children younger than 19 from households with annual incomes of as much as $45,000 for a family of four, though some states have more generous criteria.

Hospital merger challenged – FTC keeps up interest in healthcare deals

cmonfils | December 2, 2011

In 1989 and 1990, federal courts ordered two hospitals in Rockford, Ill., to stop merger talks after concluding that the combined organization would threaten competition and gain too much clout at the bargaining table with insureres.

Twenty-two years later, FTC lawyers are making the same arguments, specifically citing the 1989 and 1990 federal court opinions as direct evidence in their decision to challenge another proposed hospital merger in Rockford—the third legal challenge to a hospital acquisition the agency has filed this year.

http://www.modernhealthcare.com/article/20111128/MAGAZINE/311289947

State Health Care Reform Update

cmonfils | October 26, 2011

from Spencer’s Benefits Reports: For the last few years, states have been leading the way toward more comprehensive health care coverage to ensure that more people have or can obtain health insurance. With the passage of federal health care reform, states will have increasing responsibilities in regard to employer-provided health insurance benefits. Spencer’s Benefits Reports continues to provide regular updates about state health care reform.

State Health Care Reform Update

cmonfils | September 19, 2011

HEALTHCARE REFORM – CT, ID – IL – KS – OH
www.hr.cch.com
CCH® BENEFITS — 08/26/11

from Spencer’s Benefits Reports: For the last few years, states have been leading the way toward more comprehensive health care coverage to ensure that more people have or can obtain health insurance. With the passage of federal health care reform, states will have increasing responsibilities in regard to employer-provided health insurance benefits. Spencer’s Benefits Reports continues to provide regular updates about state health care reform.

(more…)

States Move To Implement Health Reform Provisions

cmonfils | September 19, 2011

www.hr.cch.com

CCH® BENEFITS — 09/01/11
from Spencer’s Benefits Reports: According to the Kaiser Family Foundation’s State Health Facts, 23 states have established American Health Benefit Exchanges under the Patient Protection and Affordable Care Act (ACA), have enacted legislation with the intent to establish an Exchange, or have Exchange legislation pending.
Massachusetts and Vermont have established Exchanges, while California, Colorado, Connecticut, Hawaii, Maryland, Nevada, Oregon, Vermont, Washington, and West Virginia have enacted legislation to establish an Exchange. Hawaii’s Exchange will be a nonprofit, Vermont Exchange will be operated by the state. The rest of the Exchanges will be quasi-governmental.
The Exchange will be a clearinghouse and contract with all qualified health plans in Colorado and Hawaii. In California, Connecticut, Oregon, and Vermont, the Exchange will be an active purchaser contracting with selected health plans and/or negotiating premium prices with health plans. The other states have not yet decided the type of Exchange they will operate.

In Illinois, Indiana (by executive order of the governor), North Dakota, and Virginia, legislation has established the intent to set up an Exchange, while Alabama (by executive order of the governor), Georgia (by executive order of the governor), Mississippi, and Wyoming will study the feasilibility of an Exchange.
The District of Columbia, New Jersey, North Carolina, and Pennsylvania have Exchange legislation pending.
For more information, visit http://statehealthfacts.kff.org/comparemaptable.jsp?ind=962&cat=17.
Rate Review Programs
The federal government will either conduct or assist health insurance rate reviews in nine states, according to the most recent fact sheet from the Center for Consumer Information and Insurance Oversight (CCIIO), which discusses the rate review requirements included in the ACA.
According to the CCIIO, as of Aug. 15, 2011, state rate review procedures were as follows:
  43 states, the District of Columbia, and one U.S. territory have effective rate review in at least one insurance market;
  41 states, the District of Columbia, and the U.S. Virgin Islands have effective review for all insurance markets and issuers.
  In two states (Virginia, Pennsylvania), the federal government will partner with the state to conduct reviews; and
  The federal government will conduct reviews in seven states (Wyoming, Montana, Missouri, Louisiana, Idaho, Arizona, and Alabama) and four U.S. territories (American Samoa, Guam, Northern Marianas Islands, and Puerto Rico) until those areas are able to strengthen their review processes and authorities.
Starting Sept. 1, 2011, insurers seeking rate increases of 10% or more for non-grandfathered plans in the individual and small group markets are required to publicly disclose the proposed increases and the justification for them.
For more information, visit http://cciio.cms.gov/resources/factsheets/rate_review_fact_sheet.html.

Amicus Committee Update – Two Class-Action Lawsuits

cmonfils | August 8, 2011

www.subrogation.org

Over the past several weeks, two lawsuits seeking class certification have been filed and both suits could potentially affect the way carriers pursue and handle their subrogation rights.  (more…)

State Health Care Reform Update – Illinois

cmonfils | May 31, 2011

www.hr.cch.com

CCH® BENEFITS — 05/25/11

Illinois. Beginning July 1, the state will tighten its eligibility requirements for its AIDS Drug Assistance Program. The program’s current income limit for eligibility is 500% of the federal poverty level (FPL), or $54,450 for a single individual. After July 1, only HIV-positive individuals whose incomes are at or below 300% of FPL ($32,670) will be eligible to apply, according to the Illinois Department of Public Health. For more information, visit http://www.idph.state.il.us/health/aids/adap.htm.

State Health Care Reform Update

cmonfils | April 8, 2011

www.hr.cch.com      CCH® BENEFITS — 04/04/11

from Spencer’s Benefits Reports: For the last few years, states have been leading the way toward more comprehensive health care coverage to ensure that more people have or can obtain health insurance. With the passage of federal health care reform, states will have increasing responsibilities in regard to employer-provided health insurance benefits. Spencer’s Benefits Reports continues to provide regular updates about state health care reform. (more…)

Judge Affirms ICA’s Standing to Pursue ERISA Claims

cmonfils | March 18, 2011

www.chiroeco.com

March 14, 2011 — The International Chiropractors Association (ICA) announced today that its claims challenging the overpayment recovery practices of various Blue Cross Blue Shield entities were upheld by Judge Matthew F. Kennelly of the United Stated District Court in Chicago, IL, in Pennsylvania Chiropractic Association, et al. v. Blue Cross Blue Shield Association, et al., Case No. 1:09-cv-05619. (more…)

Amicus Committee Update

cmonfils | March 7, 2011

www.subrogation.org

NASP testifies in South Dakota: Committee Rejects HB 1184

South Dakota’s House Bill 1184 was voted down in the Senate Judiciary Committee on February 24, 2011 by a 4-3 vote.  Daran Kiefer, NASP’s Vice President, and Kammy Poff, NASP’s Amicus Chair, testified in front of the Senate Judiciary Committee last Thursday on behalf of NASP as to the impact the bill would have on the subrogation industry and consumers.  John Foster with State Farm and past President of NASP, also testified on behalf of his company as to the detrimental impact of the bill.  NASP was quoted by the Associated Press in opposition to this bill. The article can be found HERE. (more…)

NASP Amicus Committee Update

cmonfils | February 23, 2011

www.subrogation.org

Illinois Senate Bill 0152

The Illinois Senate has again introduced a bill requiring all insurance companies to submit automobile property damage claims (liability and damage issues only) to Inter-Company Arbitration. The parties may agree to use an alternate forum. The bill was introduced on February 8, 2011.

The Amicus Committee will monitor this bill and keep you apprised of the bill’s progress.

Kammy Poff   Amicus Committee Co-Chair

Joe Willis    StateNet Subcommittee Chair

Chicago Bar Assn. Insurance Law Committee Vote Today – Important!

Adam V. Russo | November 2, 2010

Sent from Daran Kiefer, Esq. of NASP, www.subrogation.org

The Chicago Bar Association is following the footsteps of the Ohio Bar as its Insurance Law Committee votes today at 1:00 P.M. Central Time whether to support a bill to limit health and medical payments subrogation rights in Illinois. This proposed change has been recommended by the Civil Practice Committee and is pending review by the Insurance Law Committee today. The Chicago Bar Association Legislative Liaison urged the committee members to vote against recommending the bill. (more…)

Kay-Woods v. Minnesota Life Insurance Co.

Adam V. Russo | July 9, 2010

This year’s lone felony/intoxication case raises an interesting question: when is driving under the influence a felony? In Kay-Woods v. Minnesota Life Insurance Co.,13 the insured died in a single-vehicle accident while driving with a revoked license and under the influence of alcohol and cocaine. The policy provided that benefits would not be paid if the death resulted from or was caused directly by commission of a felony. Although the spouse argued the cause of the revoked license was a previous reckless driving conviction, the evidence showed this same reckless driving conviction extended an earlier DUI license revocation. Under Illinois Vehicle Code, driving under the influence of alcohol was a Class felony; therefore, the district court ruled that the felony exclusion applied.

IL State Health Care Reform Update

Adam V. Russo | February 23, 2010

Illinois. The Illinois Supreme Court has struck down a medical malpractice law enacted in 2005 that limited monetary damages for pain and suffering to $1 million from hospitals and $500,000 from doctors. The court said the law violates the state’s separation-of-powers clause between the branches of government by allowing lawmakers to interfere with a jury’s right to determine damages. According to the American Medical Association, courts in 16 states have upheld these types of laws, while those in 11 states have overturned them. For more information, visit http://www.state.il.us/court/.