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ACA & Legislative Update

  On April 28, 2016, the Florida Supreme Court issued an opinion in the case of Castellanos vs. Next Door Company, declaring Section 440.34, Florida Statutes, unconstitutional. The anticipated impact of the decision is the elimination of the statutory caps on claimant attorney fees and a return to hourly fees. On June 9, 2016, the […]

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Employers that sponsor self-insured group health plans, including health reimbursement arrangements (HRAs) should keep in mind the upcoming August 1, 2016 deadline for paying fees that fund the Patient-Centered Outcomes Research Institute (PCORI).  As background, PCORI was established as part of health care reform to conduct research to evaluate the effectiveness of medical treatments, procedures […]

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On Monday, May 16, the Equal Employment Opportunity Commission (EEOC) released final regulations (Final Regulations) under Title I of the Americans with Disabilities Act (ADA) and Title II of the Genetic Information Nondiscrimination Act (GINA) governing wellness programs. The ADA rules cover an employer’s requests for health information from employees and the GINA rules cover […]

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On April 28th, 2016, the Florida Supreme court issued an opinion in the Castellanos v. Next Door Company case that will have an immediate impact on workers’ compensation insurance rates in Florida.  The court has declared the attorney fee schedule, first introduced in 2003, unconstitutional and a violation of due process under both the Florida and United States […]

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Update On April 8, 2016, the DOL finalized its fiduciary regulations which, among other things, expand the definition of who is an ERISA fiduciary to those providing “investment advice” with respect to Health Savings Accounts (HSAs). As a result, the new guidance regarding what constitutes investment advice and the rules for best interest standards apply to […]

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Update On March 21, 2016 the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) announced the start of phase 2 (Phase 2) of the Health Insurance Portability and Accountability Act (HIPAA) Audit Program. Phase 2 will consist of more than 200 desk and onsite audits of both covered entities and business […]

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 Compliance Update March 25, 2016 – The HHS published the final version of its 2017 Notice of Benefit and Payment Parameters.  The Notice is issued each year as part of the Affordable Care Act (ACA). For the most part, the guidance is focused on the ACA Marketplaces and insurers offering qualified health plans. It does, however, include several […]

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  Compliance Update February 23, 2016 – The Affordable Care Act (‘‘ACA’’) exposes applicable large employers to penalties if they do not offer full-time employees health insurance that meets the ACA’s minimum value and affordability requirements. One strategy for minimizing exposure to penalties under the employer shared responsibility provisions of the ACA is to minimize the […]

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