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Law Articles by Topic
In November 2007, as part of its implementation of the Fair and Accurate Credit Transactions Act of 2003, the Federal Trade Commission (FTC) released a set of regulations, commonly called the “Red Flag Rules,” requiring certain entities to develop and implement policies and procedures to protect consumers from identity theft.
Employee Benefits
On February 17, 2009, President Obama signed the American Economic Recovery and Reinvestment Plan into law which included significant changes to the group health plan coverage continuation provisions of the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”), including a COBRA premium subsidy. The original COBRA subsidy applied only to individuals who experienced an involuntary termination of employment during the period from September 1, 2008 through December 31, 2009. This eligibility period was extended multiple times, with the most recent extension terminating on May 31, 2010.
Model Notices Available As Required by the COBRA Subsidiary Rules in Stimulus Act.
Model Notices Available As Required by the COBRA Subsidiary Rules in Stimulus Act.
On February 17, 2009, President Obama signed the American Economic Recovery and Reinvestment Plan into law. Included in the variety of programs designed to promote overall economic recovery are significant changes to the group health plan coverage continuation provisions of the Consolidated Omnibus Budget Reconciliation Act of 1985 “COBRA”).
On February 29, 2008, the Department of Labor issued an amendment clarifying when employee contributions become an asset of the 401(k) plan.
Employment Law
The confirmation hearings for Supreme Court nominee Sonia Sotomayor serve as a backdrop for noting an overall change in the stability of employment law. For many years, the U.S. Supreme Court and Congress played complementary roles without much conflict. However, in the past year, the two bodies have disagreed more often, with Congress increasingly taking action to undo Supreme Court decisions on employment law subjects.
FMLA Legislative Changes and New EEO Post
On October 28, 2009, President Obama signed the 2010 National Defense Authorization Act (NDAA) that includes an expansion of the exigency and caregiver leave provisions for military families under the Family and Medical Leave Act of 1993 (FMLA).
The April tax filing season is not only a good time to take steps to avoid needless future tax costs by educating yourself about tax law requirements and opportunities; it is also a good time to avoid needless employment law claims and costs by educating your supervisors and managers. This is particularly true this year given the changes that have already occurred in several laws (e.g., the Americans with Disabilities Act, the Family and Medical Leave Act, and COBRA) and the increased ease of unionization that will occur if the Employee Free Choice Act, supported by the Obama administration, becomes law.
Legal changes, effective January 1, 2009, significantly expand the number of people covered by the law prohibiting employment discrimination on the basis of a person’s physical or mental disability. Congress has expressly directed the EEOC and the courts to open up the law’s protections to more people, overriding several pro-employer Supreme Court decisions to accomplish this. Employee claims will increase.
Supreme Court and Federal Law Updates In Employment Law
There has been a lot of activity in the employment law field in recent weeks, including numerous Supreme Court decisions, and a new employment discrimination federal statute. We provide the following summary on only a few noteworthy items, along with a brief word of advice on avoiding problems in these areas: Age Discrimination; Employee Benefit Plan Administration; Genetic Information Nondiscrimination Act of 2008; Minimum Wage Increase for Small Employers in Pennsylvania.
Health Care Law
The Patient Protection and Affordable Care Act was signed into law by President Obama on March 23, 2010. The companion bill, the Health Care and Education Reconciliation Act, was signed into law on March 30, 2010. Together, these two laws are commonly referred to as the “Health Care Reform Law.” Without question, the Health Care Reform Law constitutes the most significant social reform law in decades, generally covering five different subject areas: (1) Insurance Market Reforms, (2) Employer Responsibilities, (3) Individual Responsibilities, (4) Insurance Exchanges, and (5) Revenue Raisers.
In spite of the breadth of the legislation, the new law left many questions to be answered via regulations to be issued by the Department of Health and Human Services (“HHS”), the Department of Labor (“DOL”) and the Internal Revenue Service (“IRS”). These agencies (collectively, the “Agencies”) are now beginning to fill in the gaps, with more guidance to come.
On Federal grant monies have been awarded to Quality Insights of Pennsylvania to establish a Regional Extension and Assistance Center for Health Information Technology (Pa REACH) in western Pennsylvania. PA REACH will, over the next two (2) years, assist approximately 3,300 eligible western Pennsylvania primary care providers and community-based health centers seeking to adopt and meaningfully use electronic medical record systems. In addition to furnishing assistance in selecting and purchasing EMR systems, PA REACH will provide help with implementation, management and technical assistance as well as guidance on meeting federal guidelines for “meaningful use” requirements.
On February 17, 2009, President Obama signed the Health Information Technology for Economic and Clinical Health (HITECH) Act, which was a subpart of the stimulus bill. HITECH authorizes the Medicare and Medicaid programs to pay financial incentives to providers to adopt electronic health record (EHR) technology. Starting in 2011, physicians and hospitals that demonstrate meaningful use of a certified EHR system will be eligible to receive incentive payments equal to a percentage of their Medicare/Medicaid charges, subject to a maximum cap. After 2015, physicians and hospitals who are not using EHR systems will be penalized with reductions in their Medicare/Medicaid reimbursement.
In its January 21, 2009 opinion in Kosenske vs. Carlisle HMA, Inc. (no. 07-4616), the U.S. Court of Appeals for the Third Circuit overturned the dismissal of a whistleblower action filed under the False Claims Act. The case involved an exclusive arrangement between an anesthesiology group and a hospital that had been challenged under Stark and anti-kickback laws.
Real Estate and Finance
Many manufacturing enterprises are able to finance their purchase or construction of new facilities at tax-exempt interest rates. This financing method, done through a public authority, organized for this purpose, but with the borrower's customary banking relationships, will significantly lower borrowing costs.
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