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  • Client Alert
December 21, 2015
On December 18, President Obama signed the Consolidated Appropriations Act, 2016 (the Act) into law. The Act amends the Patient Protection and Affordable Care Act (the ACA) to delay the effective date of the so-called “Cadillac tax” to 2020. The Act also restored tax parity between public transit and parking benefits. For additional information, please read our client alert.
December 17, 2015,

Effective January 1, 2016, physician groups and providers that have contracted with Medicare Advantage Plans or Medicare Prescription Drug Benefit Plans (“Sponsors”) are now being asked by these plans to certify that they are meeting certain compliance training requirements.

November 20, 2015
October 12, 2015

On October 7, 2015 President Obama signed the Protecting Affordable Coverage for Employees Act (“PACE Act”) into law. The PACE Act amends the definitions of “large employer” and “small employer” for certain purposes under the Patient Protection and Affordable Care Act.

October 12, 2015

United States District Judge Royce Lamberth has issued a permanent injunction blocking the U.S. Department of Health and Human Services from enforcing a rule barring insurance companies from selling fixed indemnity plans to individuals unless the insureds certified that they had “minimum essential coverage” under the Affordable Care Act.

October 1, 2015

Earlier this year, the U.S. Department of Health and Human Services Office of Civil Rights (OCR) announced that it would be conducting “Phase 2 Audits” of covered entities and business associates for compliance with the privacy and security rules under the Health Insurance Portability and Accountability Act (HIPAA”). These audits will focus, in part, on a covered entity’s or business associate’s security risk assessments, mitigation plans, breach notification procedures, encryption and training and the necessary privacy and security policies and procedures. The OCR expects that these Phase 2 Audits will commence in the fourth quarter of 2015 and into 2016. For additional information, please read our client alert.

September 2, 2015
August 7, 2015

The Federal Communications Commission in July issued a Declaratory Ruling and Order responding to 21 separate requests for clarification of its rules implementing the Telephone Consumer Protection Act.

August 4, 2015

Recently, the Internal Revenue Service (IRS) released updates to its Audit Technique Guide for Nonqualified Deferred Compensation Plans (Audit Guide). The Audit Guide provides valuable information regarding what the IRS will look at in the event it audits a Nonqualified Deferred Compensation Plan (NQDC Plan). This information is especially valuable in light of the IRS’ recent NQDC Plan audit initiative, which it is likely to expand once it finishes with the initial limited phase. For more information, please read our client alert.

July 10, 2015
On July 9, 2015 the Arizona Supreme Court issued its opinion in Wilks v. Manobianco. The issue in the case was whether an insurance agent’s compliance with Arizona Revised Statutes (A.R.S.) § 20-259.01, which requires insurers to offer uninsured motorist (UM) and underinsured motorist (UIM) coverage to insureds, precluded a negligence claim against the agent for failure to procure the UIM coverage requested by the insured which the agent agreed to procure. For more information, please read our client alert.
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