Allen Steinberg

On October 27, the Centers for Medicare & Medicaid Services (“CMS”) issued new proposed regulations regarding the operation of health insurance exchanges under the Affordable Care Act (“ACA”). Much of this 365-page document consists of more routine updates to rules governing the operation of exchanges under ACA. In addition to these routine provisions, however, the […] Read more

The proposed Tax Cut and Jobs Act (“TCJA”) has generated big news stories with big numbers, such as $1.0 trillion to lower some individual tax rates and $1.5 trillion to lower corporate tax rates. But, also lurking in the 430-page draft, are many important “smaller” provisions that will affect compensation and benefits programs. Overall, TCJA […] Read more

Presidential Order Seeks to Expand Alternative Coverages Read more

A little over a year ago a series of lawsuits were filed against major universities. The lawsuits alleged that these schools violated their fiduciary obligations under ERISA by failing to properly manage plan costs and investment performance. In effect, these lawsuits were the higher ed/tax sheltered annuity version of the 401(k) litigation that has been […] Read more

As the political battles – and stalemate – over the Affordable Care Act continues, employers may find themselves with the worst of all worlds. The portions of the ACA that create the greatest burdens on employers, such as the mandates, taxes and administrative obligations under the ACA stay in place. At the same time, uncertainty in the individual markets creates blowback that hurts employers in a number of ways. Read more

The Department of Labor recently filed a lawsuit against Macy’s department store (Acosta v. Macy’s, Inc., S.D. Ohio, No. 1:17-cv-00541, complaint filed 8/16/17). The lawsuit has received some attention among benefits professionals; but this attention has focused on one aspect of the DOL complaint – claims that the tobacco surcharge imposed under the Macy’s health […] Read more

An increasing number of healthcare services in the U.S. are being delivered in less resource-intensive settings: from hospitals to freestanding surgery and imaging centers, from long term care facilities to patients’ homes, and from physicians’ offices to computer screens. However, this trend also threatens bricks-and-mortar facilities built to meet the traditional, resource-intensive approach. What is behind this trend and what will it mean? Read more

A recent article in The Economist magazine discussed various theories and principles of “human capital”. As stated in the article, “human capital refers to the abilities and qualities of people that make them productive” and that while knowledge is the most important form of human capital, it is not the only form of human capital. […] Read more

As Republicans in Congress continue their efforts to repeal and replace the Affordable Care Act, they keep on looking for new ways to separate portions of the insurance markets’ risk pools into different segments. For example, proposals from both the House of Representatives and the Senate would have made it easier for insurance companies to […] Read more

More Americans are working past 65 and continue to have employer-sponsored health insurance. However, the intersection of Medicare and employer coverage has a number of traps for the unwary and some of these traps come with real financial consequences. This makes it more important than ever that you (and your employer) understand the complex rules […] Read more

Senate Republican leaders have released a revised version of the Better Care Reconciliation Act (BCRA II), their efforts to repeal and replace the Affordable Care Act. BCRA II is identical to the original BCRA, with a handful of key differences: •   BRCA II retains several of the new taxes levied under ACA (most notably the additional […] Read more

As the debate in Washington rages on over the efforts to repeal and replace the Affordable Care Act (ACA) there is a fundamental truth that is being ignored: there are no provisions of the current ACA replacement bills – either from the House (the American Health Care Act, or AHCA) or the Senate (the Better […] Read more

On June 22, the Senate Republicans released the Better Care Reconciliation Act of 2017 (“BCRA”), their version of a bill to repeal and replace the Affordable Care Act. The bill repeals some provisions of the ACA. However, in many instances the bill retains the ACA framework, but dramatically reshapes provisions of the ACA. Here are […] Read more

An interesting thing happened in Washington last week. No, not high profile testimony or legislative action on health care. Rather, a working group of economists from the Brookings Institution and the American Enterprise Institute issued a report on paid family leave. You might wonder what is so interesting about another report coming from some Washington […] Read more

For years, experts have warned that Americans will have insufficient savings for retirement and that penury was awaiting a generation of retirees. However, some recent studies indicate that American workers have been paying attention to these warnings – but responding in some different ways. Most significantly, it seems that large numbers of workers are remaining […] Read more

Effective January 1, 2018 New York becomes the latest state to require that employers provide paid family leave, joining California, New Jersey, and Rhode Island. Also, Washington State adopted a paid family leave act in 2007, that has not been implemented due to a lack of funding, and San Francisco has adopted its own ordinance. […] Read more

The Trump Administration and Republicans in Congress have been clear about their desire to “repeal and replace” the Affordable Care Act. But, while that legislative battle plays out, the ACA is still on the books and defines the rules for the American health care system. This blog post will not look at the repeal and […] Read more

As the wrangling over the future of the Affordable Care Act continues, it is important for consumers to keep their eyes on a very important issue – an issue that remains important, regardless of the outcome of the political battles. The issue: the increasing burden on individuals in making health care purchasing and utilization decisions. […] Read more

As the Administration and Congress move beyond replacing the Affordable Care Act (at least for now), the focus is turning to changes in the tax code. This does not mean that employee benefits are out of the crosshairs; rather, it may simply mean that the target might shift. Here’s why: First (and Second) Goal – […] Read more

It is too soon to predict the fate of the American Health Care Act (AHCA), or, as we call it, TrumpRyanCare. But, the AHCA as currently proposed – and the debate among Republicans over its provisions – represents a significant statement. That statement: the core provisions of the ACA regarding insurance market reforms now appear […] Read more

Let’s take a break from the ACA repeal-and-replace debate to look at an issue that frequently confuses (and trips up) unwary seniors entering Medicare: the impact of Medicare coverage on other insurance and how to approach enrollment in Medicare. Basic Rules Eligibility for Medicare is really eligibility for two different types of insurance coverage: Medicare […] Read more

As the Administration and Congress define their vision of “repeal and replace” we are seeing a number of efforts to increase the use individual accounts as a key component of any likely Trump/RyanCare proposal. Health Savings Accounts (HSAs) figure prominently in a number of Republican proposals as a way for individuals to pay for current […] Read more

There is a lot of talk in Washington about repeal of the Affordable Care Act (ACA) – Obamacare. The question for Medicare beneficiaries is–how will any changes affect you? The most important direct impact is that Medicare beneficiaries could pay more for prescription drugs. Here’s why: •      Under Medicare’s prescription drug coverage (Part D) there is […] Read more

As the Administration and Congress move forward with new health care proposals (Trump/RyanCare), they are grappling with the true meaning of “repeal and replace.” This blog post will describe one way of looking at how different groups are likely to be impacted by repeal and replace under “Trump/RyanCare.” Market Access vs Financial Access The Affordable […] Read more