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Erisa Preemption After Gobeille V Liberty Mutual
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Book Synopsis ERISA Preemption After Gobeille V. Liberty Mutual by : Edward A. Zelinsky
Download or read book ERISA Preemption After Gobeille V. Liberty Mutual written by Edward A. Zelinsky and published by . This book was released on 2017 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gobeille v. Liberty Mutual Insurance Co. is the U.S.Supreme Court's most recent preemption decision under the Employee Retirement Income Security Act of 1974 (ERISA). In Gobeille, the Court completed the process of reconciling the restrained approach to ERISA preemption announced in New York State Conference of Blue Cross & Blue Shield Plans v. Travelers Insurance Co. with the Court's literal and expansive approach adopted earlier in Shaw v. Delta Air Lines, Inc. Gobeille consummated this reconciliation by confirming the sub silentio retrenchment of Shaw and its “plain language” approach in favor of Traveler's broader construction of ERISA preemption.Gobeille held that Vermont's “all-payer claims database” is ERISA-preempted. The Court reached this conclusion in a way which indicates that, going forward, Traveler's more restrained approach to ERISA preemption exclusively prevails. This is particularly significant for state-sponsored private sector retirement plans, now immune from ERISA preemption challenge, as well as for state taxes as they apply to the investment trusts of ERISA-regulated retirement plans.
Book Synopsis The Supreme Court Agrees to Determine Whether ERISA Preempts a Vermont Health-Care Database Reporting Mandate by : Albert Feuer
Download or read book The Supreme Court Agrees to Determine Whether ERISA Preempts a Vermont Health-Care Database Reporting Mandate written by Albert Feuer and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: On August 13, 2014, Alfred J. Gobeille, the chair of the Vermont Green Mountain Care Board, filed a certiorari petition with the United States Supreme Court, seeking to overturn a decision by the Second Circuit of Appeals holding that ERISA preempts Vermont's health-care database-reporting mandate as applied to the third-party administrator of a self-funded ERISA health-care reimbursement plan, Gobeille v. Liberty Mutual Life Ins. Co. (the “Gobeille Cert Petition”). On June 29, 2015, the Supreme Court granted the Gobeille Cert Petition, thereby deciding to review the Second Circuit holding in Liberty Mutual Insurance Co. v. Donegan. Vermont presented the following question in its Gobeille Cert Petition: Did the Second Circuit - in a 2-1 panel decision that disregarded the considered opinion advanced by the United States as amicus - err in holding that ERISA preempts Vermont's health care database law as applied to the third-party administrator for a self-funded ERISA plan? The cert filings discuss how to apply the presumption that the basic thrust of the ERISA preemption clause was to provide for the nationally uniform administration of employee benefit plans by avoiding a multiplicity of plan regulation. None of cert filings highlight the challenges to such presumption or the incoherence of the Supreme Court's ERISA preemption decisions, such as Shaw v. Delta, 463 U.S. 85 (1983), New York State Conference of Blue Shield and Blue Cross Plans v. Travelers, 514 U.S. 645 (1995), and Egelhoff v. Egelhoff, 532 U.S. 141 (2001). Nor do the filings discuss the conflicts between those decisions and the terms of ERISA. There are important questions about the extent to which ERISA preempts a state-law reporting, record-keeping, or disclosure mandate, or any other state law. It is advisable for the Supreme Court and commentators addressing these questions to consider approaches that seek to best reconcile those decisions with the ERISA statute in a coherent and clear fashion, such as those proposed by Prof. Edward Zelinsky or by Mr. Albert Feuer.
Book Synopsis ERISA as a Barrier for State Health Care Transparency Efforts by : Erin C. Fuse Brown
Download or read book ERISA as a Barrier for State Health Care Transparency Efforts written by Erin C. Fuse Brown and published by . This book was released on 2020 with total page 13 pages. Available in PDF, EPUB and Kindle. Book excerpt: To improve health care market dynamics and reduce costs, many states have passed legislation to improve transparency in health care for consumers, regulators, and employers. Significant state-led initiatives include building price transparency tools using data from state all-payer claims databases (APCDs), requiring pharmacy benefit managers to report drug markups and pricing methodologies, increasing provider network transparency, and limiting surprise medical bills from out-of-network providers. Despite robust and salutary state innovation in consumer health care transparency, the federal Employee Retirement Income Security Act's (ERISA) growing preemptive sweep prevents these state laws from benefiting a growing percentage health care consumers -- those covered by self-funded employee health plans. In Gobeille v. Liberty Mutual, the Supreme Court dramatically broadened ERISA's preemptive reach over state laws imposing data reporting requirements on self-funded plans. The expanding scope of ERISA preemption fundamentally limits the ability of states to protect their citizen-consumers and oversee rising health care costs through health care transparency laws. For transparency initiatives to achieve their maximal effect at the state level, lawmakers must make changes at the federal level. A federal solution could take many forms, ranging from narrow-issue administrative rulemaking to amending ERISA to exempt state transparency laws from preemption. Although federal policy may be necessary for health care transparency efforts to reach all consumers, such a policy should preserve state flexibility and innovation.
Download or read book ERISA written by Ilene H. Ferenczy and published by Wolters Kluwer Law & Business. This book was released on 2023 with total page 1236 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis ERISA: A Comprehensive Guide, 5th Edition by : Ferenczy, Cohen
Download or read book ERISA: A Comprehensive Guide, 5th Edition written by Ferenczy, Cohen and published by Wolters Kluwer. This book was released on 2019-12-10 with total page 1310 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Fifth Edition of ERISA: A Comprehensive Guide provides a thorough and authoritative analysis of the principal statutory provisions of the Employee Retirement Income Security Act of 1974 (ERISA) and the corresponding provisions of the Internal Revenue Code (Code) dealing with employee benefits. It also discusses and explains the multitude of regulations, rulings, and interpretations issued by the Department of the Treasury, the Internal Revenue Service, the Department of Labor, and the Pension Benefit Guaranty Corporation in explanation of ERISA; the Code provisions relating to the requirements for tax-qualified retirement plans; and the subsequent legislation amending or supplementing ERISA and such Code provisions. Cited by the Supreme Court, ERISA: A Comprehensive Guide discusses and explains the multitude of regulations, rulings, and interpretations issued by the Department of the Treasury, the Internal Revenue Service, the Department of Labor, and the Pension Benefit Guaranty Corporation in explanation of ERISA and the subsequent legislation amending or supplementing ERISA. ERISA: A Comprehensive Guide has been updated to include: Description of the student loan program 2018 Private Letter Ruling and the resolution of this with the "anti-conditioning" rule. Analysis of the latest version of the EPCRS, which is available for tax-qualified retirement plans with certain compliance failures, as set forth in IRS Revenue Procedure 2019-19, including an update to the IRS user fees that apply to the various correction programs. Discussion of the new self-correction options for participant loan failures, certain non-amender failures, and beneficial retroactive amendments to increase participant's benefits. Description of IRS VCAP, its uses, limitations, and procedural requirements. Description of IRS Revenue Procedure 2015-32 for correction of delinquent Forms 5500-EZ. Analysis of the DOL's guidance on the definition of an "Employer" for ERISA purposes and subsequent Court rulings eviscerating that guidance. Discussion of health plans use of "cross-plan offsetting" as a way of adjusting for overpayments. Discussion of the new DOL regulations governing review and appeal procedures for disability claims. Complete revision of the mergers and acquisitions chapter, including best practice, common pitfalls, a sample merger agreement, merger checklist, and spin-off agreement. Update on 2018 and 2019 court cases that impact labor relations, as well as actions taken by the current administration that overturn prior policies and decisions. Discussion of the most recent actions impacting ACA and litigation surrounding those actions. Discussion of recent court cases regarding discrimination on the basis of gender and sexual orientation. Discussion of ongoing litigation regarding "conscience-based objections" to a provision in the ACA requiring employers to provide no-cost birth control coverage to employees. Description of changes in Fair Labor Standard Act interpretations regarding wages, determination of independent contractor status, and regular rate.
Book Synopsis ERISA: A Comprehensive Guide, 6th Edition by : Ferenczy, Cohen
Download or read book ERISA: A Comprehensive Guide, 6th Edition written by Ferenczy, Cohen and published by Wolters Kluwer Law & Business. This book was released on 2020-12-02 with total page 1298 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Sixth Edition of ERISA: A Comprehensive Guide provides a thorough and authoritative analysis of the principal statutory provisions of the Employee Retirement Income Security Act of 1974 (ERISA) and the corresponding provisions of the Internal Revenue Code (Code) dealing with employee benefits. It also discusses and explains the multitude of regulations, rulings, and interpretations issued by the Department of the Treasury, the Internal Revenue Service, the Department of Labor, and the Pension Benefit Guaranty Corporation in explanation of ERISA; the Code provisions relating to the requirements for tax-qualified retirement plans; and the subsequent legislation amending or supplementing ERISA and such Code provisions. Cited by the Supreme Court, ERISA: A Comprehensive Guide discusses and explains the multitude of regulations, rulings, and interpretations issued by the Department of the Treasury, the Internal Revenue Service, the Department of Labor, and the Pension Benefit Guaranty Corporation in explanation of ERISA and the subsequent legislation amending or supplementing ERISA. ERISA: A Comprehensive Guide has been updated to include: The Setting Every Community Up for Retirement Enhancement (SECURE) Act of 2019 and the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020 Discussion of improvements in the ability for plan sponsors to take advantage of electronic disclosure opportunities for participant notices and disclosures. Updates to fiduciary duties and best practices based on litigation outcomes Analysis of the rising role of arbitration in the resolution of disputes between plan sponsors and participants Discussion of COBRA notice requirements due to COVID-19, pursuant to CARES Act Discussion of the impact of COVID-19 on union contracts and multiemployer plans Impact of CARES Act on bankruptcy filings and procedures
Download or read book ERISA written by Paul J. Schneider and published by Wolters Kluwer. This book was released on 2011-01-01 with total page 1265 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Fourth Edition of ERISA: A Comprehensive Guide provides a thorough and authoritative analysis of the principal statutory provisions of the Employee Retirement Income Security Act of 1974 (ERISA) and the corresponding provisions of the Internal Revenue Code (Code) dealing with employee benefits. It also discusses and explains the multitude of regulations, rulings, and interpretations issued by the Department of the Treasury, the Internal Revenue Service, the Department of Labor, and the Pension Benefit Guaranty Corporation in explanation of ERISA; the Code provisions relating to the requirements for tax-qualified retirement plans; and the subsequent legislation amending or supplementing ERISA and such Code provisions. Cited by the Supreme Court, ERISA: A Comprehensive Guide discusses and explains the multitude of regulations, rulings, and interpretations issued by the Department of the Treasury, the Internal Revenue Service, the Department of Labor, and the Pension Benefit Guaranty Corporation in explanation of ERISA and the subsequent legislation amending or supplementing ERISA. ERISA: A Comprehensive Guide has been updated to include: A new chapter that focuses on the key federal employment laws, such as the antidiscrimination, wage and hour, and leave laws, which often must be considered by benefits professionals when providing benefits advice to their clients A revised chapter on ERISA preemption, which includes a new discussion of what constitutes a "plan" for purposes of applying ERISA preemption and an updated discussion of the impact of the Supreme Court's decision in Cigna Corp. v. Amara on ERISA preemption A summary of the requirement of providing health plan participants with a Summary of Benefits and Coverage has been added to the discussion of benefit plan notice requirements An update on recent court decisions involving 401(k) fee litigation and the extent to which excessive or undisclosed fees can constitute a breach of ERISA fiduciary duty. The Department of Labor's final regulations issued under ERISA Section 408(b)(2), regarding the disclosure that must be made by service providers to plan fiduciaries concerning the direct and indirect compensation that the service providers receive in connection with providing services to a covered plan A discussion regarding the income tax consequences of employer-paid COBRA premiums A discussion regarding successor liability in asset sale transactions has been added to the chapter on mergers and acquisitions A discussion regarding the extent to which an employer's interference with the benefits of union supporters may constitute an unfair labor practice under the National Labor Relations Act
Book Synopsis Harvard Law Review: Volume 130, Number 5 - March 2017 by : Harvard Law Review
Download or read book Harvard Law Review: Volume 130, Number 5 - March 2017 written by Harvard Law Review and published by Quid Pro Books. This book was released on 2017-03-09 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis ERISA Principles by : Peter J. Wiedenbeck
Download or read book ERISA Principles written by Peter J. Wiedenbeck and published by Cambridge University Press. This book was released on 2024-02-29 with total page 569 pages. Available in PDF, EPUB and Kindle. Book excerpt: A systematic policy analysis of ERISA, the notoriously complex amalgam of labor, trust and tax law regulating employee benefit plans.
Book Synopsis Health Care Law and Ethics by : Mark A. Hall
Download or read book Health Care Law and Ethics written by Mark A. Hall and published by Aspen Publishing. This book was released on 2018-02-26 with total page 2303 pages. Available in PDF, EPUB and Kindle. Book excerpt: Health Care Law and Ethics, Ninth Edition offers a relationship-oriented approach to health law—covering the essentials, as well as topical and controversial subjects. The book provides thoughtful and teachable coverage of every aspect of health care law. Current and classic cases build logically from the fundamentals of the patient/provider relationship to the role of government and institutions in health care. The book is adaptable to both survey courses and courses covering portions of the field. Key Features: New authors Nick Bagley and Glenn Cohen Incorporated anticipated changes to the Affordable Care Act More current cases and more streamlined notes, including ones on medical malpractice, bioethics, and on finance and regulation More coverage of “conscientious objection” and “big data” - Discussion of new “value based” methods of physician payment - Expanded coverage of “fraud and abuse” Current issues in public health (e.g., Ebola, Zika) and controversies in reproductive choice (e.g., Hobby Lobby) Coverage of cutting-edge genetic technologies (e.g., gene editing and mitochondrial replacement)
Book Synopsis Constitutional Law in the United States by : Robert A. Sedler
Download or read book Constitutional Law in the United States written by Robert A. Sedler and published by Kluwer Law International B.V.. This book was released on 2017-10-20 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in the United States provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in the United States will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.
Book Synopsis The Jurisprudential Legacy of Justice Ruth Bader Ginsburg by : Ryan Vacca
Download or read book The Jurisprudential Legacy of Justice Ruth Bader Ginsburg written by Ryan Vacca and published by NYU Press. This book was released on 2023-05-30 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a sweeping overview of Justice Ginsburg’s jurisprudence The passing of Justice Ruth Bader Ginsburg in September of 2020 marked a grim day for women and the broader progressive legal community. In her twenty-seven years on the Supreme Court and thirteen years on the Court of Appeals, she was most known for her trailblazing work on gender equality; however, she also influenced the direction of a multitude of legal subject areas during her long tenure. The Jurisprudential Legacy of Justice Ruth Bader Ginsburg is a critical examination of Justice Ginsburg’s remarkable career, with a focus on the common themes and approaches underscoring her many rulings. In this edited volume, Ryan Vacca and Ann Bartow bring together leading scholars of American law to analyze Justice Ginsburg’s voting patterns and written opinions from the perspectives of subject matter experts. Each essay highlights areas of the law in which Justice Ginsburg had an outsized interest or impact. Chapters delve into topics such as gender equality, voting rights, the death penalty, civil and criminal procedure, employment discrimination, freedom of expression, bankruptcy, environmental law, immigration, and taxation. Together, they form a colorful tapestry that illustrates a long and celebrated judicial career, displaying Ginsburg’s immense influence on areas of the law well beyond women’s rights. The Jurisprudential Legacy of Justice Ruth Bader Ginsburg shares profound insights into its subject’s unique legal philosophy, and reminds us what we had and whom we lost with her passing.
Book Synopsis The Law of Health Care Finance and Regulation by : Mark A. Hall
Download or read book The Law of Health Care Finance and Regulation written by Mark A. Hall and published by Aspen Publishing. This book was released on 2018-05-11 with total page 907 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of Health Care Finance and Regulation is based on Part III, “Institutions, Providers, and the State,” of parent book Health Care Law and Ethics and adds additional coverage of a variety of issues that have shaped health care finance law. Integrating public health, financial and ethical issues, this casebook uses compelling case law, clear notes and comprehensive background information to illuminate the complex and dynamic field of health care law. Key Features: Based on material in Part III of the popular parent book, “Institutions, Providers, and the State,” along with coverage of duty to treat, hospital liability, managed care liability, and regulating access to drugs. Includes cases and material not found in the parent book on: • Judicial and administrative review of Medicare decisions. Certificate of need laws. Review immunity. Integrates public health and ethics issues and features clear notes that provide context, smooth transitions between cases, and background information. Website provides background materials, updates of important events, additional relevant topics and links to other resources on the Internet.
Book Synopsis Casenote Legal Briefs for Health Law keyed to Furrow, Greaney, Johnson, Jost, and Schwartz by : Casenote Legal Briefs
Download or read book Casenote Legal Briefs for Health Law keyed to Furrow, Greaney, Johnson, Jost, and Schwartz written by Casenote Legal Briefs and published by Aspen Publishing. This book was released on 2022-10-27 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: After your casebook, a Casenote Legal Brief is your most important reference source for the entire semester. Expert case studies and analyses and quicknote definitions of legal terms help you prepare for class discussion. Here is why you need Casenote Legal Briefs to help you understand cases in your most difficult courses: Each Casenote includes expert case summaries, which include the black letter law, facts, majority opinion, concurrences, and dissents, as well as analysis of the case. There is a Casenote for you! With dozens of Casenote Legal Briefs, you can find the Casenote to work with your assigned casebook and give you the extra understanding of all cases Casenotes in 1L subjects include a Quick Course Outline to help you understand the relationships between course topics.
Book Synopsis Big Data, Health Law, and Bioethics by : I. Glenn Cohen
Download or read book Big Data, Health Law, and Bioethics written by I. Glenn Cohen and published by Cambridge University Press. This book was released on 2018-03-08 with total page 664 pages. Available in PDF, EPUB and Kindle. Book excerpt: When data from all aspects of our lives can be relevant to our health - from our habits at the grocery store and our Google searches to our FitBit data and our medical records - can we really differentiate between big data and health big data? Will health big data be used for good, such as to improve drug safety, or ill, as in insurance discrimination? Will it disrupt health care (and the health care system) as we know it? Will it be possible to protect our health privacy? What barriers will there be to collecting and utilizing health big data? What role should law play, and what ethical concerns may arise? This timely, groundbreaking volume explores these questions and more from a variety of perspectives, examining how law promotes or discourages the use of big data in the health care sphere, and also what we can learn from other sectors.
Book Synopsis Health Records and the Law by : Donna K. Hammaker
Download or read book Health Records and the Law written by Donna K. Hammaker and published by Jones & Bartlett Learning. This book was released on 2018-08-16 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fifth edition of Health Records and the Law addresses the substantial changes brought about by the Health Insurance Portability and Accountability Act (HIPAA) and the growth of network information systems, with discussion of state laws affecting the use and disclosure of patient data. The text also discusses the highly complex interplay of federal and state privacy laws. In addition to the considerable new material concerning HIPAA and its regulations, this edition addresses the challenging area of how patient information may be used in connection with medical research and the impact that the Health Information Technology for Economic and Clinical Health (HITECH) Act is having on public health monitoring and surveillance.
Book Synopsis Electronic Health Records and Medical Big Data by : Sharona Hoffman
Download or read book Electronic Health Records and Medical Big Data written by Sharona Hoffman and published by Cambridge University Press. This book was released on 2016-12-07 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides interdisciplinary analysis of electronic health record systems and medical big data, offering a wealth of technical, legal, and policy insights.
