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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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Why Lorman?

Over 34 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 34 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

MP3 Download

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.0
     
  • HI CLE 1.25
     
  • NJ CLE 1.8
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

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

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on September 29, 2021.

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

  • AL CLE 1.4
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.4 hours credit.
     
  • CT CLE 1.0
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
     
  • HI CLE 1.25
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.25 CLE credit hours.
     
  • IL CLE 1.25
     
  • This course was approved for a total of 1.25 hours of MCLE Credit by the Illinois MCLE Board.
     
  • ND CLE 1.25
     
  • North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.25 hours of CLE credit.
     
  • NH MCLE 1.4
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 82 Minutes.
     
  • PA CLE 1.0
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
     
  • WI CLE 1.5
     
  • This program qualifies for 1.5 hour(s) of ondemand CLE through the WI Board of Bar Examiners.
     
  • HR Certification Institute 1.25
     
  • This E-Learning program has been approved for 1.25 (General) recertification credit hours toward aPHR(TM), aPHRi(TM), PHR®, PHRca®, SPHR®, GPHR®, PHRi(TM) and SPHRi(TM)recertification through HR Certification Institute® (HRCI®). For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org.
     
  • SHRM 1.25
     
  • Lorman Education Services is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.25 PDC(s) for the SHRM-CP or SHRM-SCP.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

  • Those applying for AIA and HRCI must view 100% of the program and answer the questions following the program.

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

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Why Lorman?

Over 34 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

  • Of counsel with Butzel Long
  • Has more than 35 years of experience representing employers, fiduciaries, plans and plan sponsors in ERISA and employee benefit litigation, both individual lawsuits and class actions
  • One of a select few attorneys nationally who have been elected Fellows of both the College of Labor and Employment Lawyers and the American College of Employee Benefits Counsel
  • Repeatedly included in Best Lawyers, a Michigan and Illinois Super Lawyer in Employee Benefits and Employment Litigation-Management; Best Lawyers Lawyer of the Year, 2019, Ann Arbor, Michigan
  • Has written extensively on ERISA preemption, the Affordable Care Act, spousal equivalency benefits, the demise of DOMA §3, the Trump Administration’s executive actions relating to the Affordable Care Act, and the Biden Administration’s actions relating to the Affordable Care Act during the COVID-19 pandemic and beyond
  • Frequent writer of amicus briefs for national associations including the U.S. Chamber of Commerce and the American Benefits Council
  • Presented on benefits litigation for such organizations as the ABA Joint Committee on Employee Benefits, the American Law Conference, and the board of directors of the American Benefits Council
  • Has contributed to supplements of the ABA Employee Benefits Law and the Fiduciary Answer Book
  • Contributory Editor of the Benefits Law Journal, writing extensively on litigation relating to Affordable Care Act and other issues
  • Co-Editor-in-Chief, Bloomberg Workplace Harassment Law treatise, 2d edition, 2018, and online update for 2020 pending
  • As a member of the Board of Directors of the American Benefits Council from 2007 to 2010, she served on its health care reform task force analyzing various presidential candidate health care reform proposals and the Affordable Care Act
  • Can be contacted at 734-213-3625 or [email protected]
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Why Lorman?

Over 34 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.

All of your training, right here at Lorman.

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Product ID: 409160
Published 2021
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