Proposed Legislation

The U.S. Department of Labor has issued new proposed regulations that provide guidance on the process that plan fiduciaries should use in selecting ESG investments. In issuing the proposed regulations the DOL targets ESG funds and creates new requirements–and hurdles-to the use of such funds. Read more »

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 »

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 »

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 »