Florida law makers have decided it is high time to stop allowing addiction recovery residences to operate without regulatory oversight. In its last session, the Florida Legislature passed a new law (CS/CS/HB 21) requiring that the Department of Children and Families (DCF) create a voluntary certification program for substance abuse recovery residences, as well as … Continue Reading
On June 26, 2015, the Internal Revenue Service (IRS) issued guidance to clarify how charitable hospitals may comply with regulations issued by the Department of Treasury under the Patient Protection and Affordable Care Act (ACA). The regulations implementing Section 501(r) of the Internal Revenue Code require hospitals to include a list of covered providers in … Continue Reading
Thursday’s Supreme Court decision in the King v. Burwell case can be seen as a major victory for the Obama Administration, resolving, at least for the time being, the continued implementation of the Affordable Care Act by upholding insurance subsidies for about 6.4 million consumers in over 34 states. Once again, Chief Justice John Roberts, … Continue Reading
On June 2, 2015, Center for Medicare & Medicaid Services (CMS), provided direction to state Medicaid Directors on the implementation of Section 6401 of the Affordable Care Act, Provider Screening and Other Enrollment Requirements under Medicare, Medicaid and the Children’s Health Insurance Program (CHIP).… Continue Reading
The fascinating interplay that weaves between the First and Fifth Amendments to the U.S. Constitution, the Religious Freedom Restoration Act (RFRA) and the Patient Protection and Affordable Care Act (ACA) continues to march on in various jurisdictions around the country, with two recent examples being the United States Supreme Court’s grant of certiorari and remand … Continue Reading
The Internal Revenue Service (IRS) has issued the final section 501(r) regulations, implementing the amendments to the Internal Revenue Code under the Affordable Care Act and providing regulatory guidance for tax-exempt hospitals. This post describes the guidance for financial assistance policies, limitation on charges, and billing and collection practices and highlights the changes made between … Continue Reading
With the Affordable Care Act’s Employer Mandate (Pay-or-Play penalties) now officially in effect, employers with 50 or more full-time or full-time-equivalent employees should have already made all significant changes to their benefit programs necessary to ensure that they offer “minimum essential” and “affordable” coverage to their full-time employees to avoid penalties in 2015. However, there … Continue Reading
Changing reimbursement models and a shift to consumerism were two of the hot topics discussed at Akerman LLP’s recent Healthcare Briefing event titled “Financial and Corporate Implications of the Affordable Care Act: A Look at the Past, Present, and Future”. Health care and financial industry leaders gathered Friday, November 21 in Tampa for the interactive … Continue Reading
As 2014 winds down, plan sponsors are likely thinking ahead to some of the significant changes that will take effect in 2015, most notably, the employer “pay or play” mandate under the ACA. However, there are two deadlines that plan sponsors of self-insured group health plans should be aware of. November 5, 2014 – Health … Continue Reading
The Affordable Care Act contains a provision known as the Physician Payments Sunshine Act, which requires the Centers for Medicare and Medicaid Services (CMS) to establish a national databank containing information on the financial relationships between physicians (which includes dentists, chiropractors, and other physician specialties) and teaching hospitals, applicable manufacturers, and group purchasing organizations (GPOs). … Continue Reading
“If you like your doctor, you can keep your doctor.” President Obama repeated this assurance to the American public numerous times, and the statement was prominently featured on the White House web site prior to and after adoption of the Affordable Care Act in 2010. The Obama administration is developing regulations to address the concerns … Continue Reading
Yesterday, the U.S. Court of Appeals for the District of Columbia Circuit, in a 2-1 ruling by a three judge panel, invalidated an Internal Revenue Service regulation that interpreted section 36B of the Affordable Care Act (“ACA”) as authorizing premium tax credits for insurance purchased on either a state or federally-facilitated Exchange. In striking down … Continue Reading
Certain employers hoped that they had discovered a way to “have their cake and eat it too”. In response to the looming employer mandate for employers with 50 or more employees – the requirement to offer full – time employees group health plan coverage or else face penalties under the Affordable Care Act, – some … Continue Reading
March 2014 has produced quite a bit of activity regarding the Patient Protection and Affordable Care Act (“ACA”). On March 24, 2014, oral argument was held in the latest challenges to the ACA in Sebelius v. Hobby Lobby Stores, et al. before the United States Supreme Court, and in Halbig v. Sebelius before the United … Continue Reading
Will physicians finally be free from worrying that their Medicare payments will be severely slashed? During the first week in February, Republicans and Democrats in the U.S. House of Representatives and Senate agreed on a bill which would repeal the SGR formula and thus avoid the necessity for a recurring, last minute stop-gap fix, known … Continue Reading
The past year was one of the most eventful in recent memory for healthcare policy. As the Affordable Care Act (“ACA”) continued its inexorable, albeit at times wobbly, march towards implementation, the headlines became more and more sensational. 2014 promises to be even more fascinating. We provide for you our prediction, in no particular order, … Continue Reading
In the world of healthcare, the story that grabbed our headlines and attention the most this past year was, of course, the impact of the Affordable Care Act (ACA). As we move into 2014, we take a moment to look back at some of the key events in the implementation process thus far. Our team … Continue Reading
Current events were top-of-mind last Friday, November 15, 2013, as Akerman LLP’s Healthcare Practice Group and Wells Fargo invited clients and industry professionals to engage in a thoughtful discussion on healthcare reform and the future of the American healthcare system. The Healthcare Briefing featured a distinguished panel of executives and legal advisors that included Gordon … Continue Reading
What is the “temporary reinsurance fee”? The Affordable Care Act (“ACA”) requires the creation of a transitional reinsurance program for the first three years (2014-2016) of the state health insurance exchanges to help stabilize the exchange premiums. It is intended to shift the risk of covering certain catastrophic medical expenses from the primary insurer to … Continue Reading
A popular 2009 movie, called “It’s Complicated,” was about relationships. The title of that movie also applies to solving the problem of providing affordable healthcare in the United States. It’s complicated. A recent article in The Wall Street Journal criticized the Affordable Care Act (a/k/a ObamaCare) as being too complicated. According to the WSJ, “the … Continue Reading
Late last week, the IRS issued proposed rules intended to ease the reporting requirements that employers will face once the “employer-mandate” portion of the Affordable Care Act (“ACA”) becomes effective in 2015. The employer-mandate requires that employers with 50 or more full-time employees offer health coverage to those employees or pay a fine. If employers … Continue Reading
Under the Affordable Care Act (ACA), certain low- and moderate-income people will qualify for health insurance tax credits beginning in 2014. The tax credits will be jointly administered by the Internal Revenue Service (IRS) and Department of Health and Human Services (HHS) through the insurance exchanges. The first open-enrollment period for the exchanges, and thus … Continue Reading
Late Tuesday afternoon, July 2, 2013, the federal government issued a statement through the US Department of the Treasury, announcing that the controversial employer shared responsibility provisions, coined the ‘pay or play’ provisions of the Affordable Care Act (ACA) have been delayed for one year. This pushes the enforcement date of this provision from January … Continue Reading
Health insurance carriers are keenly aware of many provisions of the Patient Protection and Affordable Care Act (“ACA”). But an often-overlooked ACA provision may actually impact the ability of these insurers and their non-insurance related entities, in their role as sophisticated employers, to take tax deductions for certain compensation paid to their executives. This change … Continue Reading
