Increase your confidence as you address the complex interaction of ACA and other federal and state laws.
For 15 years, the federal Patient Protection and Affordable Care Act (ACA) has survived repeated attacks seeking its invalidation or repeal. Simultaneously, federal Marketplace plans have enjoyed substantial increases in enrollment by non-Medicare-eligible persons and persons without access to minimum value and affordable employer-provided health care plans providing minimum essential benefits. With each turnover in presidential administrations in the last decade, however, the legal landscape has dramatically shifted at the federal and state levels for ACA-covered large and small employers alike. This topic will provide a brief overview of pertinent ACA health care reform provisions and their interaction with pertinent federal law, other potential regional or individual health care plan designs, and potential state or local health care benefit laws arguably saved from federal preemption.Learning Objectives
- You will be able to discuss the interaction of ACA with other federal laws.
- You will be able to explain how the Supreme Court saved ACA three times.
- You will be able to identify issues that are still being litigated regarding ACA.
- You will be able to recognize ACA issues to be addressed by Congress and the Supreme Court.
Agenda
Federal Health Care Reform and Federal Law- ACA Section 1557
- Incorporation of ACA Reforms in the Public Health Safety Act
- Enforcement of ACA Mandates Through ERISA Section 510
- Indian Tribal Health Care
- Exemptions Based on Religious Liberty or Moral Conviction
- Interaction With the Age Discrimination Act of 1967
- Interaction With the Federal Older Workers Benefit Protection Act Waiver of Benefits Provisions
- The Interaction of the ACA Premium Tax Credit Report, ERISA Section 510, and Section 18C of the Fair Labor Standards Act
- Interaction With Federal Labor Law in Section 301 of the Labor Management Relations Act Relating to the Negotiated Duration of the Retiree Health Care Benefits
- Interaction With the Family and Medical Leave Act (FMLA) and the Uniform Services Employment and Reemployment Rights Act (USERRA)
- Interaction With COBRA
- Safeguarding the Privacy of Family Health Information Through the Genetic Information Nondiscrimination Act of 2008 (GINA)
- Interaction With the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Health Information Technology for Economic and Clinical Health Act (Hitech) Safeguarding the Privacy of Protected Health Information (PHI) and Ephi and Imposing Cybersecurity Safeguards
- Other Federal Acts Affecting Health Care Benefits
- Other Federal Law
- Interaction With ERISA Preemption
- Interaction With ERISA 514(a) Preemption Provisions That Save State Laws From Preemption
- Interaction With ERISA Preemption Provisions
- Interaction With ERISA Preemption Provisions Where Local Equal Benefits Ordinances Do Not Dictate Plan Terms or Force Plan Administrators to Choose Between Meeting Their Mutually Exclusive Obligations Under Federal Law or Under State Law
- Exemptions Based on Religious Liberty or Moral Conviction (State Rfra)S; Religious Land Use and Institutionalized Persons Act) (Rluipa)
- State Statutory or State Constitutional Bans (Including Civil and Criminal Penalties) on Reproductive Health Care and Gender-Affirming Care for Members of the Lgbtqia2s+ Community
- State Insurance Laws Governing Fully Insured Mewas and Regional Ahps Governed Under Regional Consortiums Across State Lines With Large Population Centers and Rural Regions
- State Insurance Laws Permitting Skinny Plans and Deceptive Trade Practices Protections as Exist Under State Law, so That Insurers Fail to Apprise Purchasers That Their Cheaper Individual Policies Do Not Include Prenatal and Maternal Health Benefits or That the Policies Exclude Pre-Existing Conditions Discovered After Entry Into the Policies
- State Insurance Laws That Permit Investment of Commingled Medical Trust Funds Directed at the Business of Insurance Without Affecting the Risk-Pooling Relationship
- State Insurance Laws Banning the Arbitrary and Capricious Standard of Review for Health Care Benefit Denials From Regulated Insurance Forms
Speaker(s)
Diane M. SoublyButzel 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
