The Supreme Court of the United States (the "Court") ruled, in a 5-to-4 landmark decision, that the individual mandate under the Patient Protection and Affordable Care Act ("the Act") is constitutional, although it also held that certain Medicaid expansion provisions are unconstitutional. The Act's coverage mandates remain in effect and the implementation and administration of its various mandates will need to continue. Although the Act was upheld, the legal challenges to healthcare reform are far from over. Click here to continue. 

The Departments of Labor, Health and Human Services and Treasury (the "Departments") recently released the ninth in their series of answers to frequently asked questions on implementation issues associated with the Affordable Care Act. The recent FAQ provides clarification on the summary of benefits and coverage ("SBC"), which is required to be provided by group health plans and health insurers starting with the first open enrollment or plan year beginning on or after September 23, 2012. Click here to continue.

In April, the Internal Revenue Service issued proposed regulations on collecting fees from health insurance issuers and self-insured group health plan sponsors for establishing the Patient-Centered Outcomes Research Trust Fund, as required under the Patient Protection and Affordable Care Act. The fund provides funding for a new Patient-Centered Outcomes Research Institute. PPACA requires the Institute to conduct research to evaluate and compare health outcomes and the clinical effectiveness, risks, and benefits of medical treatments, services, procedures, drugs and other strategies or items that treat, manage, diagnose or prevent illness or injury. Click here to continue.

What was probably the last legislative vehicle during the current congressional session for federal lawmakers to retroactively restore a temporary boost in the maximum pretax monthly contribution employees can make to pay for mass transit expenses is now gone. Click here to read our advisory notice.

On May 30, 2012, the Internal Revenue Service ("IRS") released Notice 2012-40 (the "Notice"), which provides guidance on the application of the Affordable Care Act's $2,500 limit on employee pre-tax contributions to health flexible spending arrangements ("health FSAs"). The Notice clarifies the effective date of the $2,500 limit and the deadline for amending cafeteria plans that offer a health FSA to comply with the limit. The Notice also provides relief for certain contributions that mistakenly exceed the $2,500 limit. Employers sponsoring health FSAs may rely on the guidance provided in the Notice pending issuance of future Treasury regulations.  Click here to continue.

Now that the Affordable Care Act (ACA) has survived its constitutional challenge, companies will markedly ramp up the implementation of its provisions in the coming months. Significant regulations will continue to be issued, including those related to employers' "pay or play" decision (i.e., whether to offer employees insurance meeting "minimum essential coverage" or pay a penalty to the government), the methodology for determining who is a "full-time employee," the operations of the state-run health-insurance exchanges provided for in the law, automatic enrollment in health plans, and more.  Click here to continue.

Summer kicks off a time of family barbecues and outdoor fun, but it also is a time for something else - accident claims. Unum has noticed nearly a 20% increase in accident claims for emergency room visits, follow-up treatments and fractures and lacerations during summer months. For the past two years, the number of accident-related claim payments has averaged close to 15% higher now than any other time of year. Click here to continue.

Patients who don't take their medication as prescribed is a billion-dollar problem, reports pharmacy benefit manager Express Scripts in its 2011 Drug Trend Report. Nonadherence to prescription medication cost the U.S. health care system $317.4 billion in 2011. And that's just for treating medical complications - not the cost of lost productivity - that could have been avoided if patients had taken their medication as prescribed. The report shows that for many therapy classes, less than 50% of patients take their medication as prescribed. Click here to continue.

NLRB Takes Sledgehammer to Social Media Policies

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How to Gauge the Cost of Corporate Risk

With earthquakes in Japan and New Zealand, floods in Australia and Thailand, and tornadoes in the United States causing large insured losses last year, it's no shock that the total cost of risk (TCOR) - a widely used metric of corporate expense for insuring and managing risks - rose in 2011, according to a recent risk-management survey. The surprise is how little it went up. Click here to continue.

Employers renewing their workers compensation policies likely will pay more for the coverage as claims costs rise and insurers' combined ratios deteriorate, experts say. Click here to continue.

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President Obama has signed a five-year extension of the National Flood Insurance Program into law.  Click here to continue.

The Highway Loss Data Institute found in a recent analysis of insurance claims that some crash-avoidance systems were what researchers called ''clear winners,'' while others did not appear to be living up to their promise, the group said on Tuesday. Click here to continue.