Eric Zimmerman
Subscribe to Eric Zimmerman's PostsEric Zimmerman is a recognized Medicare law and policy authority and registered lobbyist who represents clients before Congress and administrative agencies, and helps clients navigate federal legislative and regulatory processes related to Medicare coverage, coding, reimbursement and compliance. Eric is partner-in-charge of the Firm's Washington, DC Health Industry Advisory Practice Group. He also serves as a principal of McDermott+Consulting LLC. Read Eric Zimmerman's full bio.
Ending Free COVID Tests Risks Worsening the Pandemic
By Amy Kelbick and Eric Zimmerman on May 16, 2023
Posted In Employee Benefits, Health and Welfare Plans
The end of the COVID-19 public health emergency also means the end of coverage of self-administered, over-the-counter COVID tests. In this MedTech Dive opinion article, McDermott+Consulting’s Amy Kelbick and Eric Zimmerman argue that insurers, including Medicare, should continue to cover COVID tests at no cost and without requiring a prescription even after the public health...
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Way Too Early Preview: What the Midterm Election Results Might Mean for Health Policy in 2023
By Debra Curtis, Katie Waldo, Rodney Whitlock and Eric Zimmerman on Nov 17, 2022
Posted In Health and Welfare Plans
Although we are still awaiting final results of the November 8, 2022, midterm elections, the US House of Representatives appears likely to flip to Republican control, while the US Senate will remain in Democratic hands. Changes from one party to another in Congress, even in just one chamber, can mean big changes in policy progress...
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Requirements Related to Surprise Billing: Policy Update
By Eric Zimmerman, Kristen O'Brien and Katie Waldo on Sep 9, 2021
Posted In Employee Benefits, Health and Welfare Plans
The US Departments of Health and Human Services, Treasury and Labor, and the Office of Personnel Management issued an Interim Final Rule with comment implementing portions of the No Surprises Act, legislation enacted in December 2020 that bars surprise billing beginning January 1, 2022. Under the law, payers and providers (including hospitals, facilities, individual practitioners...
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American Rescue Plan Act of 2021: Key Healthcare Provisions
By Rodney Whitlock and Eric Zimmerman on Apr 7, 2021
Posted In Employee Benefits, Employment, Health and Welfare Plans, Labor, Privacy and Data Security, Retirement Plans
On March 10, 2021, US Congress finalized and passed the American Rescue Plan of 2021 (ARPA), the latest COVID-19 relief package that largely tracks President Joe Biden’s initial $1.9 trillion proposal. The ARPA extends unemployment insurance benefits and provides direct $1,400 stimulus payments to qualifying Americans, but it also makes several important health policy-related changes....
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Top 10 Issues in Health Law 2021
By Eric Zimmerman on Feb 12, 2021
Posted In Employee Benefits, Health and Welfare Plans
A new president always brings new policy priorities and objectives, particularly when that president is from a different political party than their predecessor. As we begin 2021, and usher in the Biden era, we should likewise expect a significant shift in the health policy agenda. Writing for the American Health Law Association’s Top 10 Issues...
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The Families First Coronavirus Response Act: What You Need to Know – Updated on March 19, 2020
By Eric Zimmerman and Rachel Stauffer on Apr 7, 2020
Posted In Employment
The Families First Coronavirus Response Act (H.R. 6201) was signed into law on March 18, 2020. This summary reflects these changes that includes: requiring employers to provide two weeks of paid sick leave in certain situations and provide subsidized leave under the Family and Medical Leave Act; providing additional nutrition assistance to affected areas and...
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Fifth Circuit Issues ACA Ruling, But Severability Question Remains
By Ankur J. Goel, Eric Zimmerman, Michael B. Kimberly and Matthew A. Waring on Dec 26, 2019
Posted In Benefit Controversies, Employee Benefits, Health and Welfare Plans
A decision in Texas v. United States was issued by a divided three-judge panel of the US Court of Appeals for the Fifth Circuit on December 18, 2019. This case presented once again the question whether the Affordable Care Act (ACA) is constitutional and sustainable, and questions of severability remain for the near future. Access...
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Court Issues Permanent Injunction Blocking Medicare 340B Payment Cuts
By Drew Elizabeth McCormick, Emily J. Cook, Eric Zimmerman and Steven J. Schnelle on Jan 22, 2019
Posted In Employee Benefits, Health and Welfare Plans
The US District Court for the District of Columbia recently held that the Centers for Medicare and Medicaid Services (CMS) exceeded its authority by reducing Medicare payment rates for 340B drugs, but, because of the budget-neutral nature of the cuts, the court left implementation details of its order temporarily unresolved to avoid disrupting administration of...
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Senate Republicans Unveil ACA Repeal Bill
By McDermott Will & Emery and Eric Zimmerman on Jun 27, 2017
Posted In Employee Benefits, Health and Welfare Plans
Last week, Senate Republicans unveiled draft legislation to move toward repealing portions of the Affordable Care Act (ACA). The draft health care bill, known as the Better Care Reconciliation Act, was hatched behind closed doors without public committee hearings or debate, in response to concerns raised by the House’s American Health Care Act (AHCA), which...
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King v. Burwell Decision Upholds Subsidies in Federal Exchanges
By Ankur J. Goel, Eric Zimmerman, H. Guy Collier and Jeremy Earl on Jul 2, 2015
Posted In Benefit Controversies, Employee Benefits, Fiduciary and Investment Issues, Health and Welfare Plans, Labor
On June 25, 2015, the Supreme Court of the United States ruled in King v. Burwell that the Affordable Care Act (ACA) requires premium tax credits to be made available in states that use a federal exchange. The case challenged an Internal Revenue Service (IRS) regulation allowing tax credits in federal exchanges. The Supreme Court upheld the...
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