Rules Issued Under the Mental Health Parity & Equity Act of 2008

On February 2, 2010 the Internal Revenue Service, Employee Benefits Security Administration and the Department of Health and Human Services issued interim final rules implementing the Mental Health Parity and Equity Addiction Act of 2008 (MHPAEA).  The Act requires parity between mental health or substance use disorder benefits (previously known as substance abuse benefits) and medical/surgical benefits with respect to financial requirements and treatment limitations under group health plans and health insurance coverage in connection with a group health plan.

Health Care Reform–What Happens Now?

The halls of Congress are still shaking after Tuesday’s special election upset victory of Massachusetts Republican Scott Brown over Democrat Martha Coakley in the race to fill the late Senator Ted Kennedy’s seat. In addition to causing fear in vulnerable Democrats everywhere, the biggest impact the election has had is on the fate of the two comprehensive health reform bills passed by both the House and Senate late last year.

LEAVE NEED NOT COMMENCE TO INVOKE PROTECTION OF FMLA RIGHTS

With the principal issue on appeal being whether the plaintiff accumulated sufficient hours to qualify for leave under the Family and Medical Leave Act (FMLA), Brenda Erdman (Erdman) challenged the District Court’s summary judgment in favor of her former employer, Nationwide Insurance Company (Nationwide).  Reviewing the facts in the light most favorable to Erdman, the United State Court of Appeals for the Third Circuit reversed in part the District Courts summary judgment in her FMLA retaliation claim and remanded the case for further proceedings.

Update on House-Senate Health Reform Negotiations

Democratic leaders and Democratic committee chairmen reportedly held a marathon negotiation session Thursday at the White House on sticking points between the House and Senate bills (H.R. 3962, H.R. 3590).

Department of Labor Releases Model COBRA Notices

The American Recovery and Reinvestment Act of 2009 (ARRA), as amended by the Department of Defense Appropriation Act, 2010 (2010 DOD Act), mandates that plans notify certain current and former participants and beneficiaries about the premium reduction.  The Department of Labor has now created model notices to help plans and individuals comply with these requirements.

Health Reform Legislation—What’s Happening Now?

Last week, key legislators and staff began to trickle back to Washington from Christmas break to begin the process of resolving differences between the House and Senate versions health care reform.