McDermott Will & Emery
Subscribe to McDermott Will & Emery's PostsStructuring Private Equity Deals in 2017: Considerations for Buyers While They Wait for the Sun Capital Appeals to Play Out
By McDermott Will & Emery on Feb 28, 2017
Posted In Employee Benefits, Employment, Labor, Retirement Plans
Sun Capital Partners III, LP v. New England Teamsters and Trucking Industry Pension Fund has been analyzed extensively over the past four years, as it has made its way from the US District Court for the District of Massachusetts to the First Circuit Court of Appeals and back again. With the case once again on appeal,...
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The Challenges of the Trump Administration’s Vow to “Repeal and Replace” the Affordable Care Act
By McDermott Will & Emery on Feb 15, 2017
Posted In Employee Benefits, Health and Welfare Plans
In the presentation “ACA Repeal/Replace Under the Trump Administration,” Susan Nash discusses the implications of President Trump and the GOP’s immediate vow to “repeal and replace” the Affordable Care Act (ACA), which was enacted in 2010 by the Obama Administration to reform the health care system in the US. A complete repeal is unlikely since...
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Three Key Employee Benefit Plan Issues for Health Systems in 2017
By McDermott Will & Emery and Jeffrey Holdvogt on Feb 2, 2017
Posted In Benefit Controversies, Employee Benefits, Health and Welfare Plans
Health system employers should make sure they are familiar with three key employee benefit issues: (1) the new Department of Labor (DOL) fiduciary rule that currently becomes effective April 10, 2017 (but may be delayed in the near future under the new administration); (2) recent excessive fee litigation filed against universities (and now health care...
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Northern District of Texas Blocks Enforcement of the Non-Discrimination Regulations of the ACA
By McDermott Will & Emery on Jan 24, 2017
Posted In Benefit Controversies, Employee Benefits, Health and Welfare Plans
On December 31, 2016, the US District Court for the Northern District of Texas issued an opinion and order in Franciscan Alliance, Inc. et al v. Burwell, which preliminarily enjoins the US Department of Health and Human Services from enforcing, on a nationwide basis, certain portions of the regulations under Section 1557 of the Affordable...
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Supreme Court Declines to Hear Appeal to a Michigan Tax on Health Insurance Plans
By McDermott Will & Emery on Jan 18, 2017
Posted In Health and Welfare Plans
The Supreme Court of the United States has declined to hear the Self-Insurance Institute of America Inc.’s ERISA preemption challenge to a Michigan tax on health insurance plans. As we previously reported last year, the Sixth Circuit, had decided, on remand from the Supreme Court, that the Michigan Health Insurance Claims Assessment Act (Act) was...
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New ECHO Act Focuses on Integrating Telehealth Solutions into Healthcare Delivery
By McDermott Will & Emery, Lisa Schmitz Mazur and Marshall E. Jackson, Jr. on Jan 4, 2017
Posted In Health and Welfare Plans
On December 14, 2016, President Obama signed the Expanding Capacity for Health Outcomes Act (S. 2873) (the ECHO Act). The ECHO Act seeks to expand the use of health care technology and programming to connect underserved communities and populations with critical health care services. The ECHO Act builds upon the University of New Mexico’s world-renowned...
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Supreme Court to Hear Church Plan Litigation
By McDermott Will & Emery and Michael T. Graham on Dec 22, 2016
Posted In Retirement Plans
On December 2, 2016, the Supreme Court of the United States granted the petitions for writs of certiorari to Advocate Health Care, et al. v. Stapleton, Maria, et al., St. Peter’s Healthcare, et al. v. Kaplan, Laurence and Dignity Health, et al. v. Rollins, Starla, all of which previously requested the Court review their arguments...
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21st Century Cures Act: Small Employer Changes under the Affordable Care Act
By McDermott Will & Emery on Dec 16, 2016
Posted In Health and Welfare Plans
President Obama has signed the 21st Century Cures Act, Pub. L. No. 114-225 (Dec. 13, 2016). As we previously mentioned, the new legislation permits small employers (those that are not considered applicable large employers under the Affordable Care Act (ACA)) to maintain general-purpose stand-alone Health Reimbursement Arrangements (HRAs) if they do not offer a group health...
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Legal Update on Select Health and Welfare Plan Issues
By McDermott Will & Emery on Dec 15, 2016
Posted In Health and Welfare Plans
In a presentation to the Silicon Valley Employers Forum, Susan M. Nash discussed recent updates to select health and welfare plans while outlining some potential issues. The agenda included changes to exchange notices, corrections to Form 1094 and 1095, issues regarding the Affordable Care Act (ACA) Section 1557 and the Equal Employment Opportunity Commission’s (EEOC)...
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Extension for Good-Faith Reporting and 2016 Forms 1095-C and 1094-C
By McDermott Will & Emery on Dec 13, 2016
Posted In Health and Welfare Plans
The Affordable Care Act (ACA) created information reporting requirements for certain large employers and issuers of health insurance coverage under Sections 6055 and 6056 of the Internal Revenue Code (Code). On November 18, 2016, the Internal Revenue Service issued Notice 2016-70, extending both the due date for furnishing individuals with Forms 1095-C and 1095-B, in...
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