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United States: Compliance With The Affordable Care Act In The Wake Of NFIB V. Sebelius: The Way Forward For Employers And Employer-Sponsored Group Health Plans
While the political elites and the chattering classes posture
for advantage in the wake of the Supreme Court's decision
upholding the constitutionality of the Affordable Care Act's
individual mandate and modifying the law's Medicaid expansion,
employers among others are left to contemplate what to do
next. There is, of course, no shortage of industry- and trade
association-based conference calls, Webinars and programs offering
to help employers move forward. The content will vary
from program-to-program in some respects, but there are three
common high-level "take aways":
(1) For employers that took a "wait-and-see" attitude,
the wait is over: it's time to pay attention.
(2) For the regulators (principally the IRS and the Treasury
Department, but also the Labor Department and the Department of
Health and Human Services), it's time to get moving on two or
three critical rules, including employer shared responsibility,
insurance non-discrimination, and waiting periods.
(3) For everyone, irrespective of preferences in the matter, the
2012 elections are not a reason for any further delay.
Outright repeal of the Affordable Care Act is increasing
unlikely. The broad constituencies that drove the law forward
have not changed; with each passing month the their respective
interests instead get more entrenched. While a Republican
sweep would likely result in changes to the law, these changes will
at best be at the margins.
So there you have it.
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A female employee traveling for her employer met a "friend" and at her motel room with him became "injured whilst engaging in sexual intercourse when a glass light fitting above the bed was pulled from its mount and fell on her."
The "just cause" standard has long been a cornerstone of traditional labor law (under many collective bargaining agreements, employees generally cannot be discharged except with "just cause").
The Affordable Care Act provides employees who are not offered health coverage by their employers with the option of purchasing health coverage through new health insurance marketplaces (also known as health insurance exchanges) that will operate in every state.
Beginning in 2014, the Affordable Care Act will require "large" employers to offer their full-time employees healthcare coverage that meets certain standards or pay a penalty.
The Affordable Care Act’s employer shared responsibility rules will require large employers to make an offer of minimum essential coverage to at least 95% of their full-time employees or pay a non-deductible excise tax on all their full-time employees.
The Defense of Marriage Act (DOMA) defines marriage at the federal level as a legal union between one man and one woman and excuses states from any obligation to recognize same-sex marriages recognized in any other state.
Employers have until October 1, 2013, to provide notice to current employees of coverage options available through the Health Insurance Marketplace established under the Affordable Care Act.
Issues After The Election
