HOUSE PASSES HEALTH CARE REFORM

Late in the night on November 7, 2009, the House of Representatives passed its version of health care reform.  If the Senate can pass health care reform legislation, it will be up to a conference committee to work out differences between the two versions.

HHS EXPANDS HIPAA PENALTIES UNDER THE HITECH ACT

On October 30 the Department of Health and Human Services published an interim final rule to conform HIPAA’s enforcement regulations to the new statutory revisions required by the Health Information Technology for Economic and Clinical Health Act (the HITECH Act), which was enacted as part of the American Recovery and Reinvestment Act of 2009 (ARRA, commonly known as the “Stimulus Package”).

MILITARY FAMILY LEAVE EXPANDED

On October 28, 2009, President Obama signed H.R. 2647 (the Fiscal Year 2010 National Defense Authorization Act) into law.  This new law includes two expansions of the recently-enacted exigency and caregiver leave provisions for military families under the Family and Medical Leave Act of 1993 (FMLA). 

GOVERNMENT MISSES DEADLINE FOR MENTAL HEALTH PARITY REGULATIONS

When President Bush signed the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA) on October 3, 2008, that triggered a requirement for the Internal Revenue Service, Department of Labor and the Department of Health and Human Services (HHS) to issue regulations no later than October 3, 2009.  Earlier this month, HHS announced that the regulations will be delayed. They said the new goal is to issue regulations by January 2010. In the absence of regulations, plan sponsors will have to make reasonable good faith efforts to comply with MHPAEA.

Appeals Court Rules on Definition of “Medical Examination”

Under the Americans with Disabilities Act (ADA), employers can only require employees to undergo medical exams if the exam is job-related and necessary.  The Appeals Court for the Ninth Circuit ruled a physical capacity evaluation (PCE—also known as a functional capacity evaluation) to be a medical exam, thereby possibly violating the ADA.

HEALTH CARE REFORM UPDATE

On October 13, 2009, the Senate Finance Committee passed its version of health care reform.  Now that all five committees with jurisdiction over health care reform have passed legislation, it is up to the leadership in each house of Congress to merge the bills in that house for action on the floor of the house, where there will undoubtedly be many amendments.