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18 Aug 2015, 7:52 pm by Cynthia Marcotte Stamer
A Fellow in the American College of Employee Benefit Counsel, past Chair and current Welfare Benefit Committee Co-Chair of the American Bar Association (ABA) RPTE Section Employee Benefits Group, Vice Chair of the ABA Tort & Insurance Practice Section Employee Benefits Committee, former Chair of the ABA Health Law Section Managed Care & Insurance Interest Group,  an ABA Joint Committee on Employee Benefits Council Representative and Board Certified in Labor… [read post]
14 Aug 2015, 9:15 am
Murphy guests a piece in PatLit on a couple of US Patent Trial and Appeal Board decisions on estoppel in America Invents Act (AIA) post-grant patent challenges [Merpel explains: the AIA is a sexy subject, but even sexy subjects have their non-sexy bits: that's where estoppel comes in].Around the weblogs 2. [read post]
11 Aug 2015, 2:29 pm by Cynthia Marcotte Stamer
A Fellow in the American College of Employee Benefit Counsel, past Chair and current Welfare Benefit Committee Co-Chair of the American Bar Association (ABA) RPTE Section Employee Benefits Group, Vice Chair of the ABA Tort & Insurance Practice Section Employee Benefits Committee, former Chair of the ABA Health Law Section Managed Care & Insurance Interest Group, an ABA Joint Committee on Employee Benefits Council Representative and Board Certified in Labor & Employment Law by… [read post]
3 Aug 2015, 12:07 pm by Cynthia Marcotte Stamer
Employer and other sponsors of non-grandfathered group health plans, their insurers, administrators and fiduciaries should adjust the co-payment, deductible and out of pocket limits applicable for the 2015 plan year to reflect the recent adjustment in the out-of-pocket limits on essential benefits allowed by that the Patient Protection and Affordable Care Act (ACA) § 1302(c)(1). [read post]
28 Jul 2015, 8:05 am by Cynthia Marcotte Stamer
The DOL DFVCP is available for use by plan administrators of retirement or welfare benefit plans sponsored by employers of all sizes. [read post]
27 Jul 2015, 11:56 am by Cynthia Marcotte Stamer
  Employers that sponsor group health plans that violated certain health care reform mandates for claims and appeals imposed by the Patient Protection and Affordable Care Act (ACA) will face a duty to pay an excise tax of $100 per violation per day under the expanded Form 8928 filing requirements made applicable to employers providing health plan coverage after 2013 under the Internal Revenue Code (Code), as well undermine the enforceability of claims and appeals decisions under Section 502(b)… [read post]
11 Jul 2015, 2:14 pm by Cynthia Marcotte Stamer
The Resolution Agreement also illustrates how efforts to manage HIPAA compliance risks are complicated when before a health plan or other Covered Entity identifies or addresses a breach, an employee or other insider of the Covered Entity reports the suspected breech while board reporting and other corrective actions including in the “robust corrective action plan” imposed under the Resolution Agreement remind boards and other leaders of these organizations of the need… [read post]
30 Jun 2015, 2:43 pm by Cynthia Marcotte Stamer
A Fellow in the American College of Employee Benefit Counsel, past Chair and current Welfare Benefit Committee Co-Chair of the American Bar Association (ABA) RPTE Section Employee Benefits Group, Vice Chair of the ABA Tort & Insurance Practice Section Employee Benefits Committee, former Chair of the ABA Health Law Section Managed Care & Insurance Interest Group,  an ABA Joint Committee on Employee Benefits Council Representative and Board Certified in Labor… [read post]
29 Jun 2015, 12:44 pm by Mark Walsh
Justice Scalia did it himself last Term in National Labor Relations Board v. [read post]
26 Jun 2015, 12:25 pm by Cynthia Marcotte Stamer
Since the Supreme Court ruled that the Equal Protection Clause of the United States Constitution entitled same-sex couples to equal treatment with married heterosexual couples under federal law in United States v. [read post]
26 Jun 2015, 12:00 pm by John Ehrett
Tatum 14-656Issue: (1) Whether the plaintiff bears the burden of proving loss causation under the Employee Retirement Income Security Act of 1974, 29 U.S.C. [read post]
26 Jun 2015, 4:00 am by The Public Employment Law Press
Supreme Court granted the Board’s motion to dismiss Justices’ complaints, declared the policy to be neither illegal nor unconstitutional and Justices appealed.The Appellate Division reversed Supreme Court’s ruling and held that the Board’s policy violated Retirement and Social Security Law §212, Judiciary Law §115 (3) and NY Constitution, Article V, §7. [read post]
20 May 2015, 6:55 am by Amy Howe
  The editorial board of The Wall Street Journal urges the Court to grant review in the case again, as do Roger Clegg at the National Review’s Bench Memos blog and Richard Kahlenberg at The Chronicle of Higher Education. [read post]