The ACA Undergoes a New Legal Challenge

Several states have lodged a legal challenge to the entire Affordable Care Act (“ACAâ€) on the basis that the lack of an Individual Mandate tax makes the remaining provisions unconstitutional. While the Administration is not intervening, several other states are, defending the ACA’s sustainability without the Individual Mandate tax. No resolution to the legal questions…

DOL Penalties Increase for 2018

In 2015, Congress passed the Federal Civil Penalties Inflation Adjustment Act of 2015 (the “Inflation Adjustment Actâ€) to direct federal agencies to adjust the civil monetary penalties for inflation every year. Civil penalties ensure compliance with federal regulation by incentivizing employers not to violate federal regulation and providing federal agencies the power to ensure compliance.…

House Passes Legislation to Improve HSAs

The House of Representatives passed two pieces of legislation that, among other things, purport to improve and “modernize†health savings accounts (“HSAsâ€).     While the bills call for significant changes to the current rules affecting HSAs, the specific details are very different.   Summary of Proposed Changes   H.R. 6199 would: Exclude a direct…

New Jersey Out-of-Network Bill

On June 1, 2018, New Jersey Gov. Murphy passed the Out-of-Network Consumer Protection, Transparency, Cost Containment and Accountability Act (the “OON Actâ€). In general, the OON Act applies to emergency services and other care provided by out- of-network physicians in in-network settings (i.e. hospital-based physicians). It takes effect on September 1, 2018.   The Act…