Category: Legislation

Subscribe to Legislation RSS Feed

CMS Takes Significant Action to Spur Use of Telehealth Services for Duration of COVID-19 Emergency

By Timothy Hatfield on Posted in COVID-19, HIPAA, Legislation, Medicaid, Medicare, National
On March 13, 2020, President Donald Trump issued a proclamation declaring a national emergency concerning the novel coronavirus disease (the “Emergency Declaration”).  The president framed the emergency declaration as empowering the Secretary of Health and Human Services (“HHS”) to waive “laws to enable telehealth,” which gave providers hope that the administration would remove some of … Continue Reading

Effects of State Individual Mandates on Employer Group Health Plans

By Abbey Hendricks and Howard Bye-Torre on Posted in Insurance Law, Legislation, National
Late last year, Congress passed the Tax Cuts and Jobs Act, which included a provision  effectively repealing the requirement for most Americans to have health insurance.  This “individual mandate” was originally imposed by the Affordable Care Act (“ACA”). Beginning in 2019, the tax penalty individuals face if they do not enroll in health coverage considered … Continue Reading

Ninth Circuit Takes Broad View of What Is Required for a Licensee to Be “Independent”

By Timothy Hatfield on Posted in California, Legislation
On July, 23, 2018 a three-judge panel in the Ninth Circuit issued a decision in Obidi v. Wal-Mart Stores, Inc. (Case No. 17-55539), holding that a class-action suit against Wal-Mart and FirstSight Vision Services, Inc., a vision-only health care plan, can proceed on the theory that the defendants violated various California consumer protection laws by … Continue Reading

ACA Debate Intensifies Ahead of Midterm Elections

By Sarah Oyer on Posted in Legislation, National
Ten Republican Senators have introduced a bill that they say will require health insurers to cover pre-existing conditions if the Affordable Care Act (“ACA”) is invalidated. Critics counter that the bill offers little actual protection. Like the ACA, it would prohibit insurers from denying enrollment based on pre-existing conditions, but unlike the ACA, it would … Continue Reading
LexBlog