October 21, 2019

October 18, 2019

Subscribe to Latest Legal News and Analysis

Affordable Care Act Lives On: Focus on Employer Compliance Returns

In a landmark decision today, June 28, 2012, the Supreme Court upheld the Patient Protection and Affordable Care Act (known as “ACA”), with one exception. The decision in National Federation of Independent Business v. Sebelius, which is available at http://www.supremecourt.gov/, means that employers, group health plans, health insurers and others will need to begin implementing changes required by ACA that many had been delaying until the decision was made. This includes, for example, reporting the costs of an employee’s health coverage on his W-2 (effective for most employers in 2012), capping the amounts that may be contributed to health flexible spending accounts (effective in 2013), and removing all pre-existing condition limitations from plans (effective in 2014).

The Supreme Court did invalidate a provision relating to the Medicaid expansion that was part of ACA. Under ACA, the federal government had the authority to cut-off all of a state’s Medicaid funding if the state did not expand Medicaid as required by ACA. The Court held that this provision was unconstitutional.

The fall elections may still impact the fate of ACA, which could be repealed or revised through the political process. We will follow all developments related to ACA closely and will keep you apprised of developments that affect employers and group health plans.

© 2019 Neal, Gerber & Eisenberg LLP.


About this Author

Jeffrey J. Bakker, Partner, neal gerber law firm

Jeffrey J. Bakker represents companies with respect to a wide array of executive compensation and employee benefit matters, including: designing and preparing deferred compensation and equity compensation plans; ensuring tax andERISA compliance of qualified and non-qualified retirement plans (including defined contribution, defined benefit and cash balance plans); advising clients as to their fiduciary responsibilities with respect to employee...

Patricia S. Cain, Partner, Neal Gerber law firm

Patricia S. Cain advises employers on a broad range of employee benefit matters, including counseling employers on the design, implementation and administration of broad-based pension and health care plans, executive compensation arrangements and early retirement programs. She represents employers in ruling requests and controversies before the Internal Revenue Service, Department of Labor and Pension Benefit Guaranty Corporation. She also represents employers in disputes arising under benefit plans, both in the administrative claims process and in federal court.

Patty’s representation of employers includes the following:

  • Preparing or reviewing plan documents and participant communications for alignment with employer’s objectives and legal compliance;
  • Educating employees who are fiduciaries on their responsibilities with respect to benefit plans;
  • Advising employers on proposed changes to benefit plans to meet the employer’s objectives; and
  • Assessing costs and risks associated with benefit plans in connection with buying or selling a business.