Sure enough, Supreme Court denies cert in ERISA case

By Nan Hunter | Leave a Comment

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 […]

Posted in Legal Issues ; Tagged: erisa, insurance, pay or play, Supreme Court.

06.24.10

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

By Nan Hunter | Leave a Comment

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 […]

Posted in Legal Issues ; Tagged: erisa, insurance, pay or play, Supreme Court.

03.31.10

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

By Tim Jost | Leave a Comment

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 […]

Posted in Legal Issues ; Tagged: 1302, 2791, coverage, erisa, group, health, individual, insurance, phsa, PPACA, provisions, reform.

03.26.10

Are The Attorneys General’s Constitutional Claims Bogus?

By Mark Hall | Leave a Comment

Immediately after passage of health care reform, over a dozen state A.G.s sued to declare it unconstitutional, as violating states’ rights. The Florida complaint is here, and Virginia’s here. Reminiscent of southern governors in the 1960s blocking their state universities’ gates, these legal officers in effect are saying “not on our sovereign soil.” Since the […]

Posted in Legal Issues ; Tagged: exchanges, federal, health, individual, insurance, mandate, Medicaid, states, virginia.

03.25.10

Gearing up for the Long Aftermath of Health Reform

By Nora Connors | Leave a Comment

Post by Christina S. Ho Senior Fellow and Project Director of the China Health Law Initiative O’Neill Institute The passage of universal health care, or (near-universal health care in this case), as Obama proclaimed, finally affirms in principle that as a society, we owe some security to one another against the life-and-death risks that can […]

Posted in Legal Issues ; Tagged: benefits, health, insurance, medicare, private, reform, voucherization.

03.16.10

Abortion in the Senate Bill

By Tim Jost | Leave a Comment

In a document titled What’s Wrong with the Senate Health Care Bill on Abortion: A Response to Professor Jost, dated March 12, 2010, the United States Conference of Catholic Bishops respond to an earlier memorandum that I circulated demonstrating that the House and Senate bill are essentially equivalent on pro-life issues. On January 20, 2010, […]

Posted in Legal Issues ; Tagged: abortion, bill, coverage, exchange, federal, health, house, hyde, insurance, senate, women.

03.12.10

The Need for Health Care Regulatory Reform

By Peter Jacobson | Leave a Comment

The current health care regulatory system is a mess. Whatever its stated objectives, there is little evidence that it improves quality of care, provides cost-effective benefits to the public, or is a rational way of monitoring health care delivery. With the prospect of enacting significant reforms of the health insurance system and providing access for […]

Posted in Legal Issues ; Tagged: abuse, care, health, insurance, reform, regulatory.

03.04.10

Obama’s Concessions

By Peter Jacobson | Leave a Comment

In previous posts, I have directed most of my ire about the failure to enact health insurance reform legislation at the democrats. After all, they have a commanding majority and should be held accountable for the failure to enact their legislative agenda. But it’s time to redress the imbalance and at least note that the […]

Posted in Legal Issues ; Tagged: concessions, failure, health, insurance, market, reform, republicans.

02.12.10

Could Health Reform Create “A Litigation Explosion”?

By Tim Jost | Leave a Comment

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, […]

Posted in Legal Issues ; Tagged: constitutional, erisa, federal, groups, health, individuals, insurance, levey, litigation, reform, senate.

02.02.10

Another Shot at Fort Sumpter

By Tim Jost | Leave a Comment

The Virginia Senate passed a bill yesterday by a vote of 23 to 17, with five Democrats joining the chambers 18 Republicans, stating: “No resident of this Commonwealth, regardless of whether he has or is eligible for health insurance under any policy or program provided by and through his employer, or a plan sponsored by […]

Posted in Legal Issues ; Tagged: constitutional, federal, health, individual, insurance, mandate, states, unconstitutional, virginia.

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The views reflected in this blog are those of the individual authors and do not necessarily represent those of the O’Neill Institute for National and Global Health Law or Georgetown University. This blog is solely informational in nature, and not intended as a substitute for competent legal advice from a licensed and retained attorney in your state or country.

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