O’Neill Institute for National and Global Health LawO’Neill Institute for National and Global Health LawLegal Issues in Health Reform

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Tag Archives: erisa

Sure enough, Supreme Court denies cert in ERISA case

The Supreme Court declined to review a case in which a restaurant owners group attempted to invalidate a San Francisco requirement that local businesses either offer health insurance benefits to their employees or pay the city a fee that is used to fund a program offering medical services to low-income restaurants. In Golden Gate Restaurant […]

Meanwhile, back at the Supreme Court, the pay or play debate continues (but maybe not for long)

Today the Supreme Court is scheduled to decide whether to grant cert in Golden Gate Restaurant Ass’n v. City and County of San Francisco, No. 08-1515. Actually, the Court has had the case on  its cert docket for months.  Last October, the Court voted to solicit the views of the solicitor general (SVSG), but the […]

How Does the Health Reform Legislation Affect Self-Insured Plans?

Analysis of the application of the Patient Protection and Affordable Care Act to self-insured plans must begin with section 1562 of the Act, which adds section 715 to ERISA and section 9815 to the Internal Revenue Code. These provisions state that all of the provisions of Part A of Title XXVII of the Public Health […]

Could Health Reform Create “A Litigation Explosion”?

Nothing apparently excites the readers of the Wall Street Journal more than a threatened “litigation explosion.” Perhaps this is because so many of their readers are lawyers. It was only a matter of time, therefore, before they published an opinion column ominously titled, “Health-Care Reform Could Create a Litigation Explosion.” (See the February 11 issue, […]

Remedies Against Health Plans Under the Senate Bill

Section 2719 of the Senate Patient Protection and Affordable Care Act, HR 3590, provides for appeals of coverage determinations and claims. This section explicitly applies to group health plans and health insurance issuers offering group or individual insurance coverage. Section 1551(a) of the bill incorporates the definitions found in 42 U.S.C. § 300gg-91, which defines […]

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