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The Affordable Care Act Survives Another (and Perhaps Final?) Constitutional Challenge

Posted on June 17, 2021 by
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The U.S. Supreme Court declined to strike down the Affordable Care Act once again today, the third unsuccessful constitutional challenge to the far-reaching health care law since it was enacted in 2010. This time, the seven-justice majority dispatched the claims on purely technical grounds and did not even reach the substantive issues. It was the […]

What Keeps Me up at Night About the Affordable Care Act?

Posted on April 29, 2015 by
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Expert? Guru? While I’d like to think that I merit those descriptions when it relates to the Affordable Care Act, I know for a fact that there is a lot about the ACA that, as they say, “keeps me up at night.” The practice of law is just that, practice, and practicing in the area […]

An Accommodation to Religious Accommodation

Posted on May 20, 2014 by
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Today the various federal agencies responsible for providing guidance on the Affordable Care Act issued proposed rules which just might satisfy the objections of religious employers to ACA’s contraception mandate. It seems like every day another lawsuit is filed objecting to ACA’s requirement that contraceptives be included in the list of preventative health services which […]

Small Businesses can SHOP for Health Coverage Starting in 2014

Posted on May 20, 2014 by
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When I take my Affordable Care Act show on the road, usually my audience consists of human resources and benefits professionals who are looking for information they can take back to their workplace and the business owners. Last week I had the opportunity to meet with business owners directly when I gave a presentation on […]

Treasury Department Postpones ACA Employer Mandate To 2015

Posted on May 20, 2014 by
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The Treasury Department announced late Tuesday afternoon that it was delaying until 2015 the employer “shared responsibility” mandate, the Affordable Care Act mandate for large employers, until 2015. This means that employers with more than 50 full time equivalents will NOT be subject to penalties in 2014 for failing to offer coverage, or failing to […]

Treasury Department Delays Employer Mandate for Small Employers; Lower Threshold for Avoiding Penalties

Posted on May 16, 2014 by
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This afternoon the Treasury Department announced that employers with 50 or more full-time equivalent employees (FTEs), but less than 100 FTEs, will not have to comply with the employer mandate of the Affordable Care Act until 2016. The determination of whether an employer meets the small employer requirements for this purpose would be based on […]