News & Publications


November 10, 2010

On September 23, 2010, CMS issued its Self-Referral Disclosure Protocol (the “SRDP”) for the voluntary disclosure of actual or potential violations of the physician self-referral law (the “Stark Law”).

October 13, 2010

The Internal Revenue Service just published a piece of guidance concerning health care reform.

September 24, 2010

Small Business Jobs and Credit Act expected to be signed into law on Monday, September 27, 2010.

September 24, 2010

Yesterday the House passed the Small Business Jobs and Credit Act (the “Jobs Act”), which had reviously been passed by the Senate. The President is expected to sign the Jobs Act into law on onday, September 27, 2010.

August 2, 2010

Under the Patient Protection and Affordable Care Act of 2010 (“PPACA”), group health plans (other than grandfathered plans) must provide preventive services to participants without any cost-sharing requirements, including copayments, deductibles or coinsurance.

July 27, 2010

Under the Patient Protection and Affordable Care Act of 2010 ("PPACA"), group health plans in existence on March 23, 2010 are exempt from certain PPACA requirements as long as such plans maintain their "grandfathered plan status."

July 22, 2010

On July 21, 2010 President Obama signed H.R. 4173—the Dodd-Frank Wall Street Reform and Consumer Protection Act (the Reform Act)—into law, which further expands and refines the Neighborhood Stabilization Program (NSP).

June 28, 2010

Summary of a recent decision of the Second Circuit Court of Appeals addressing the enforceability of non-recourse provisions.

June 25, 2010

Under the Patient Protection and Affordable Care Act of 2010 and the Health Care and Education Reconciliation Act of 2010 (collectively, “PPACA”), a group health plan that provides coverage to any participant’s child must provide coverage to all participants’ children until the children attain age 26.

May 24, 2010

In Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101 (1989), the United States Supreme Court held that when a retirement plan administrator has discretionary authority to interpret a plan, courts must give deference to that interpretation.  On April 21, 2010, the Supreme Court decided Conkright v. Frommert, 130 S.Ct. 1640, and held that a single mistake in plan interpretation does not justify stripping a plan administrator of that deference for subsequent related interpretations of the plan.  Following the Court’s decision in Conkright, district courts will likely choose to remand benefit disputes to plan administrators for further deliberation instead of routinely deciding against the plan.

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