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940 published works
Gender and the Law Prof Blog
Unsexing Pregnancy
By Tracy Thomas
David Fontana & Naomi Schoenbaum, Unsexing Pregnancy, 119 Columbia L. Rev. (2019) Because sex does not dictate the capacity to provide care in the home or work in the market, sex-equality…
Employee Benefits Blog
Court Puts Association Health Plans in Limbo
By Megan Mardy, Jacob Mattinson, Judith Wethall, Emily Rickard
On March 28, a District of Columbia federal court agreed with a New York-led challenge by a group of 11 states and the District of Columbia and found that the…
PrawfsBlawg
Rethinking Patient “Skin in the Game”
Main Friday, March 29, 2019Rethinking Patient "Skin in the Game"As policymakers consider ways to address the high costs of health care, they would do well to refine the use of…
Benefits Law Update
Form 1094 and Form 1095 Reporting for Expatriate Employees
Every IRS Form 1094/1095 filing season (roughly January and February of each year), we receive questions on reporting for expatriate employees. The most common questions: do we need to furnish…
Benefits Law Advisor
As The ACA Landscape Shifts Again, What’s an Employer to Do?
As employers and their third-party administrators begin to wrap-up their Patient Protection and Affordable Care Act (“ACA”) reporting for the 2018 tax year, we’ve started to receive questions about what…
Constitutional Law Prof Blog
Check it Out: Bagley on ACA Cost-Sharing at the Court of Federal Claims
Check out Nick Bagley's two-part series at Take Care on the cases coming out of the Court of Federal Claims that say that the government has to pay up its…
Constitutional Law Prof Blog
District Court Dismisses Maryland’s Obamacare Case Against the Feds for Lack of Standing
Judge Ellen Lipton Hollander (D. Md.) dismissed Maryland's case against the federal government for a declaration as to the constitutionality and enforceability of the Affordable Care Act and an injunction…
Religion Clause
ACA Shared Responsibility Payment Did Not Violate Taxpayer’s Free Exercise Rights
In Cash v. Internal Revenue Service, 2019 U.S. Dist. LEXIS 11603 (MD PA, Jan. 23, 3019), a Pennsylvania federal magistrate judge recommended dismissing a taxpayer's claim that the tax ("shared responsibility…
Compensation & Benefits Blog
Nationwide Injunction Halts Exemptions and Accommodations to the ACA Contraceptive Coverage Mandate
By Damian A. Myers, Annie (Chenxiaoyang) Zhang
On January 14, 2019, a district court in the Eastern District of Pennsylvania granted a nationwide preliminary injunction halting the application of final regulations governing religious and moral-based exemptions from…
PrawfsBlawg
Universal in name only
Main Tuesday, January 15, 2019Universal in name onlySam Bray analyzes the recent split decisions over universal preliminary injunctions in challenges to the new ACA contraception rules--the Northern District of California…