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OnDemand Course

Interaction of Health Care Reform With Other Laws

Increase your confidence as you address the complex interaction of ACA and other federal and state laws.

Human resource professionals, plan sponsors, benefits consultants, health care issuers, and plan administrators face an ever-changing legal landscape as they attempt to answer questions, engage in ACA-compliant plan designs, and minimize litigation risk. Changes in Congress and changes in administrations often result in wholesale change, while Supreme Court decisions sometimes bend toward uniform administration of employer health care plans and other times tolerate state and local variations that complicate the national administration of such plans. Added to that quicksand, the challenges of the COVID-19 pandemic have resulted in additional uncertainty. This topic is intended to increase your confidence as you attempt to address the complex interaction of ACA - now over a decade old - and other federal and state laws and to translate the issues at play before Congress, the executive, and the courts into compliant health care plan design and administration.

83 minutes
Course Exam
Certificate of Completion
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Over 38 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Federal Health Care Reform and Interaction With Other Federal Statutes

  • Interaction With ERISA
    • Incorporation of ACA Mandates and Enforceability Through ERISA Section 510
    • Associated Health Plans (ACA Definition of Employer)
  • ACA Section 1557 and Direct Reference to Other Federal Discrimination Laws
  • Drug-Pricing Rule Tied to Medicare Reimbursement Pricing
  • ACA Whistle-Blower Provision and Federal Labor Standards Act
  • Federal Labor Law - Section 301 of the Labor Management Relations Act
  • HIPAA and HITECH Final Rules (Group Health Plans and Business Associate Agreements)
  • Tribal Members Can Avail Themselves of Private Health Insurance, Veterans Benefits, Medicare and Medicaid, Tricare and Still Enroll in ACA Marketplace Plans

Federal Health Care Reform and Federal Constitutional Issues

  • Constitutional Sources of Authority for ACA
  • Standing to Challenge ACA Individual Mandate After Zero Penalty
  • Contraceptive Mandate and Exemptions for Religious or Moral Convictions

Federal Health Care Reform and Interaction With Other State or Local Law

  • Medicaid Expansion: Commandeering State Agencies? Work Requirements?
  • Minimum Essential Coverage
    • State Benchmark Plans
    • Federal Floor: ACA Mandates for NonGrandfathered Plans
  • Claims Procedures Issues - Non-Grandfathered Plans; Simple Cost Regulations Appeal Procedures
  • Interaction With ERISA Preemption Principles
    • State Insurance Laws
    • Equal Benefits Ordinances
    • State PBM Laws
    • Any Willing Provider Laws
    • All Payer Data Laws
    • State and Local AntiDiscrimination Statutes and the Federal Law Savings Clause

Federal Health Care Reform and the Pandemic

  • Extended Enrollment Period for COVID-19: Potential Extended Open Enrollment Period for 2022
  • Telehealth Visits
  • Vaccine Mandates and Employer Costs for Testing for Nonvaccinated Employees
  • Private University Plans Subject to ERISA: Vaccine Mandates
  • Public Sector Employers: Jacobson v. Massachusetts Versus Mandates With Religious and Health Exceptions
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Why Lorman?

Over 38 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

This course was last revised on September 29, 2021.

Call 1-866-352-9540 for further credit information.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 38 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Diane M. Soubly

Diane M. Soubly

Butzel Long

  • At national firms in Chicago in Michigan, has provided legal advice and counsel to public sector and private sector employers, Board members, plan sponsors, plan administrators, plan fiduciaries, and plans as outside counsel
  • Has cost-efficiently shepherded individual, multiple-plaintiff, and systemic civil rights agency charges
  • Has successfully litigated (as lead counsel, co-counsel, local counsel, or team member) individual, multiple-plaintiff, and class actions and high-stakes litigation raising labor, employment, civil rights, employee benefits, ERISA, fiduciary duty, anti-cutback, executive compensation, federal preemption, business tort, health care, tribal, and cross-national issues
  • Elected a Fellow in the College of Labor and Employment Lawyers, the American College of Employee Benefits Counsel, and the American Bar Foundation, and an invited member of the American Employment Law Council, has served on several Committees of the ABA Labor and Employment Section and is a past chair of the Reductions-in-Force and Plant Closing subcommittee and the Michigan ABA/EEOC Liaison Committee
  • Former member of the American Benefits Council’s Board of Directors and he Council’s Legal Affairs Committee, serves on the Council’s Health Care Benefits Task Force
  • An adjunct professor at Chicago-Kent College of Law for a decade, has created courses in Employee Benefits Law and Litigation; Tribal Law; Harassment, Bullying, Human Trafficking, and Gender Violence in the Workplace; and Privacy Rights in Employment
  • Authored amicus briefs for such organizations as The U.S. Chamber of Commerce, the American Benefits Council, the HR Policy Association, and the National Association of Manufacturers
  • Frequent presenter, has published hundreds of articles and numerous book chapters in national journals and treatises
  • The Contributing Editor of the Benefits Law Journal, sits on the journal’s Editorial Advisory Board. With former EEOC Chair Gilbert F. Casellas, devotes many hours as the Co-Editor-in-Chief of the Bloomberg Workplace Harassment Law treatise, 2d Edition and its on-line up-dates)
  • For 20 years, has served as outside general counsel to the Boston-based My Sister’s Keeper non-profit, a humanitarian organization formed to provide medical assistance and education-al services to the women and girls of Sudan human-trafficked after the genocides of their husbands, sons, brothers, and friends
  • During and after the pandemic, found joy in creating a 450-book children’s library for the Turning Point, a 501(c)(3) non-profit with a community shelter and transition housing for survivors of domestic or intimate partner violence and their families
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Why Lorman?

Over 38 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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All of your training, right here at Lorman.

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Product ID: 409160
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