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The Battle Over Self Insured Health Plans Or One Good Loophole Deserves Another
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Book Synopsis The Battle Over Self-Insured Health Plans, Or 'One Good Loophole Deserves Another' by : Russell B. Korobkin
Download or read book The Battle Over Self-Insured Health Plans, Or 'One Good Loophole Deserves Another' written by Russell B. Korobkin and published by . This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most perplexing consequences of the Employee Retirement Income Security Act's (ERISA) preemption provisions is the differential regulatory treatment afforded to employer-sponsored health care benefits provided directly to employees by the employer's "self-insured" plan and to benefits provided by a third party that sells an insurance policy to the employer. Under ERISA's savings clause, states may regulate insurance contracts, thus allowing regulators to guarantee "insured" employees a menu of state-mandated health-insurance benefits. But under ERISA's deemer clause, self-insured plans are immune to such requirements. Since ERISA's passage three decades ago, there has been an explosion in the number of employers choosing to self-insure their health benefits plans and then purchase "stop-loss" insurance for the plan in order to avoid both state mandates and insurance risk. Critics cry foul at the use of this regulation-avoidance tactic. This Article defends employers' exploitation of the "deemer clause loophole" on the grounds that it is consistent with ERISA's clear language, structure, and delicate balance of underlying goals. But it argues that ERISA contains a complementary "savings clause loophole" that state regulators can exploit by regulating stop-loss insurance companies, thus using a self-help remedy to close the deemer clause loophole substantially. One good loophole deserves another.
Author :Christina S. (Professor of Law Ho, Professor of Law Rutgers Law School) Publisher :Oxford University Press ISBN 13 :0197650597 Total Pages :297 pages Book Rating :4.1/5 (976 download)
Book Synopsis Normalizing an American Right to Health by : Christina S. (Professor of Law Ho, Professor of Law Rutgers Law School)
Download or read book Normalizing an American Right to Health written by Christina S. (Professor of Law Ho, Professor of Law Rutgers Law School) and published by Oxford University Press. This book was released on 2023 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues against the conventional wisdom that a U.S. right to health is out of reach. It shows that the necessary change is not extraordinary but familiar and that the law has already laid considerable groundwork in ordinary statutes and case law. This descriptive foundation, revealed through the application of well-accepted theories of rights, has simply yet to be either acknowledged as, or relied upon, for rights-building. The book then moves from the descriptive task of showing where a right to health already exists in our legal corpus to the prescriptive goal of showing how we could feasibly and meaningfully expand the right through ordinary policies that are widely used in other domains, including impact assessments and state-sponsored reinsurance. By normalizing American health rights discourse and bringing a right to health, including a right to health care, within the domain of ordinary policy debate, this book arms health advocates for the sharp political contests over health that we face today. Amid the prevailing neoliberal, neo-Lochnerian ideologies that have led us to a dead-end, this book proposes a rival ethic that has been developing right under our noses, one focused on embodied justice, where the priority is squarely on the human and our capacity for suffering and flourishing.
Author :United States. Congress. House. Committee on Small Business. Subcommittee on Health and Technology Publisher : ISBN 13 : Total Pages :96 pages Book Rating :4.:/5 (319 download)
Book Synopsis Self-insurance and Health Benefits by : United States. Congress. House. Committee on Small Business. Subcommittee on Health and Technology
Download or read book Self-insurance and Health Benefits written by United States. Congress. House. Committee on Small Business. Subcommittee on Health and Technology and published by . This book was released on 2014 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Employee Benefits and Executive Compensation by : David J. Reilly
Download or read book Employee Benefits and Executive Compensation written by David J. Reilly and published by Kluwer Law International B.V.. This book was released on 2010-04-30 with total page 762 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most employers know that rewarding their best workers is good business. However, the “return” on such investment is difficult to measure, and wise employers think long and hard about two of their largest expense items – employee benefits and executive compensation. Today in the United States, under the glare of issues raised by the current financial crisis, company-sponsored benefits programs have become mere shadows of what they once were, and executive compensation has come under intense scrutiny to the point where the Treasury Department monitors it at companies receiving federal assistance. In recognition of the growing importance of employee benefits and executive compensation issues, the Center for Labor and Employment Law at New York University School of Law dedicated New York University’s 59th Annual Conference on Labor to an in-depth examination of these topics. This volume of the proceedings of the 2006 conference contains papers presented at that meeting, all here updated to reflect recent developments. It also includes contributions from other practitioners and academics with extensive knowledge and experience in this specialized field of labor and employment law.
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: ERISA, the detailed and technical amalgam of labor law, trust law, and tax law, directly governs trillions of dollars spent on retirement savings, health care, and other important benefits for more than 100 million Americans. Despite playing this central role in the US economy and social insurance systems, the complexities of ERISA are often understood by only a few specialists. ERISA Principles elucidates employee benefit law from a policy perspective, concisely explaining how common themes apply across a wide range of benefit plans and factual contexts. The book's non-technical language and cross-cutting conceptual organization reveal latent similarities and rationalize differences between the regulatory treatment of apparently disparate programs, including traditional pensions, 401(k), and health care plans. Important legal developments - whether statutory, judicial, or administrative - are framed and analyzed in an accessible, principles-centric manner, explaining how ERISA functions as a coherent whole.
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 The Oxford Handbook of U.S. Health Law by : I. Glenn Cohen
Download or read book The Oxford Handbook of U.S. Health Law written by I. Glenn Cohen and published by Oxford University Press. This book was released on 2017 with total page 1233 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of U.S. Health Law covers the breadth and depth of health law, with contributions from the most eminent scholars in the field. The Handbook paints with broad thematic strokes the major features of American healthcare law and policy, its recent reforms including the Affordable Care Act, its relationship to medical ethics and constitutional principles, how it compares to the experience of other countries, and the legal framework for the patient experience. This Handbook provides valuable content, accessible to readers new to the subject, as well as to those who write, teach, practice, or make policy in health law.
Book Synopsis Internal Revenue Bulletin by : United States. Internal Revenue Service
Download or read book Internal Revenue Bulletin written by United States. Internal Revenue Service and published by . This book was released on 2012 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Federal Register written by and published by . This book was released on 2012-05 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Michigan Law Review written by and published by . This book was released on 2014 with total page 714 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis ERISA in the Courts by : Peter J. Wiedenbeck
Download or read book ERISA in the Courts written by Peter J. Wiedenbeck and published by . This book was released on 2008 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Florida Law Review written by and published by . This book was released on 2009 with total page 1304 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Employment Law by : Mark A. Rothstein
Download or read book Employment Law written by Mark A. Rothstein and published by Foundation Press. This book was released on 2006-07-05 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: This authoritative supplement provides detailed coverage of new developments in employment law. Initial sections provide a framework for understanding the background and development of employment law. Subsequent chapters examine the hiring process, discrimination, terms and conditions of employment, wages and hours, health insurance and other fringe benefits, conditions of employment, occupational safety and health, disabling injury and illness, termination and discharge, leaving a job, unemployment, and retirement.
Book Synopsis Annotated Laws of Massachusetts by : Massachusetts
Download or read book Annotated Laws of Massachusetts written by Massachusetts and published by . This book was released on 1932 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Employment Law, 2005 Supp by : Mark A. Rothstein
Download or read book Employment Law, 2005 Supp written by Mark A. Rothstein and published by Foundation Press. This book was released on 2005 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Affordable Care Act by : Tamara Thompson
Download or read book The Affordable Care Act written by Tamara Thompson and published by Greenhaven Publishing LLC. This book was released on 2014-12-02 with total page 130 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Patient Protection and Affordable Care Act (ACA) was designed to increase health insurance quality and affordability, lower the uninsured rate by expanding insurance coverage, and reduce the costs of healthcare overall. Along with sweeping change came sweeping criticisms and issues. This book explores the pros and cons of the Affordable Care Act, and explains who benefits from the ACA. Readers will learn how the economy is affected by the ACA, and the impact of the ACA rollout.
Download or read book Current Law Index written by and published by . This book was released on 2005 with total page 1642 pages. Available in PDF, EPUB and Kindle. Book excerpt:
