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Recently, the attorneys general of eleven states and the District of Columbia filed suit to challenge the Department of Labor’s (DOL) new association health plan (AHP) regulations (the “AG Litigation”). Although it is unclear at this time whether the AG Litigation will be successful in invalidating the regulations, it creates a potential impediment for a key aspect of the Trump administration’s effort to change the health insurance marketplace. The AHP Regulations An AHP is a…
Last week, the Departments of Treasury, Labor, and Health and Human Services (the “Departments”) issued final regulations to redefine the meaning of “short-term, limited duration insurance” (“short-term insurance”). The controversial regulations are likely to expand the use of this limited form of health insurance among consumers who do not receive coverage through their employers. Background The Affordable Care Act (“ACA”) imposes strict requirements on most individual health insurance coverage. Short-term insurance is exempt from most…
*Originally published August 23, 2016 by AHLA On May 18, finalized regulations were published implementing nondiscrimination requirements set forth in Section 1557 of the Affordable Care Act (ACA). What Is Section 1557? Section 1557 is the nondiscrimination law set forth in the ACA. It prohibits covered entities from discriminating on the basis of race, color, national origin, sex (which includes gender identity), age, or disability in health programs and activities. Applicability? Covered entities are entities…
Senate Republicans have released several bills in recent weeks in support of their goal of repealing and replacing the Affordable Care Act (ACA). This morning, that effort appears to have failed. On Tuesday, the Senate narrowly approved a motion to proceed, allowing the chamber to begin consideration of measures to achieve that goal. Republican Senators Susan Collins of Maine and Lisa Murkowski of Alaska voted with the Democrats against the motion, but Vice President Mike…
Senate Republicans have released several bills in recent weeks in support of their goal of repealing and replacing the Affordable Care Act (“ACA”). This afternoon, the Senate narrowly approved a procedural step that allows the chamber to begin consideration of measures to achieve that goal. Republican Senators Susan Collins of Maine and Lisa Murkowski of Alaska voted with the Democrats against the motion to proceed and Vice President Mike Pence broke the resulting 50-50 tie.…
The Office for Civil Rights within the U.S. Department of Health and Human Services (OCR) has taken its first enforcement action against a business associate. On June 30, 2016, OCR announced that it entered into a resolution agreement and corrective action plan with Catholic Health Care Services of the Archdiocese of Philadelphia (CHCS) to settle potential HIPAA violations stemming from the theft of an employee’s company-issued cell phone that contained the particularly sensitive protected health…
One of President Trump’s first official actions was to sign an executive order affirming the administration’s intent to seek repeal of the Affordable Care Act (ACA) and directing federal agencies to minimize the economic and regulatory burdens of the ACA to the fullest extent permitted by law. While Congress and the White House continue to work out the specifics of a new healthcare policy, the administration has moved its repeal effort forward in important ways.…