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The Worker, Retiree, and Employer Recovery Act of 2008: An Overview

Description: This report highlights the provisions of the Worker, Retiree, and Employer Recovery Act of 2008 (WRERA) (P.L. 110-455) relating to the economic crisis. This report also discusses certain technical corrections to the Pension Protection Act made by WRERA, and certain other notable provisions of the Act affecting retirement plans and benefits.
Date: January 29, 2009
Creator: Staman, Jennifer
Partner: UNT Libraries Government Documents Department

The False Claims Act, the Allison Engine Decision, and Possible Effects on Health Care Fraud Enforcement

Description: The False Claims Act (FCA), an important tool for combating fraud against the U.S. government, generally provides that a person who knowingly submits, or causes to be submitted, a false or fraudulent claim for payment to the U.S. government may be subject to civil penalties and damages. This report provides an overview of the FCA and the Allison Engine decision, analyzes how this decision could affect certain FCA health care claims, and discusses the proposed False Claims Correction Acts (S. 2041 and H.R. 4854), which, if enacted, could limit the application of the Allison Engine decision.
Date: November 6, 2008
Creator: Staman, Jennifer
Partner: UNT Libraries Government Documents Department

Summary of the Employee Retirement Income Security Act (ERISA)

Description: Due to the recent economic decline and the desire to enact large-scale health reform, the current federal regulation of pension plans, health plans, and other employee benefit plans has received considerable congressional attention. The Employee Retirement Income Security Act of 1974 (ERISA) provides a comprehensive federal scheme for the regulation of employee pension and welfare benefit plans offered by private-sector employers. ERISA contains various provisions intended to protect the rights of plan participants and beneficiaries in employee benefit plans. This report provides background on the pension laws prior to ERISA, discusses various types of employee benefit plans governed by ERISA, provides an overview of ERISA’s requirements, and includes a glossary of commonly used terms.
Date: May 19, 2009
Creator: Purcell, Patrick & Staman, Jennifer
Partner: UNT Libraries Government Documents Department

Requiring Individuals to Obtain Health Insurance: A Constitutional Analysis

Description: This report first analyzes the authority of Congress to pass a proposal of this nature, as well as how a court could analyze this type of proposal if there were to be a constitutional challenge based on various provisions of the Fifth Amendment. Finally, this report discusses whether there must be exceptions to a requirement to purchase health insurance based on First Amendment freedom of religion.
Date: July 24, 2009
Creator: Staman, Jennifer & Brougher, Cynthia
Partner: UNT Libraries Government Documents Department

Cash Balance Pension Plans: Selected Legal Issues

Description: Over the past few years, cash balance pension plans have received significant attention. In particular, three issues have been controversial: the negative effect of a plan conversion on older employees due to wear-away, the whipsaw effect that may occur when computing a lump-sum payment of benefits prior to normal retirement age, and the claim that these plans violate federal laws prohibiting age discrimination. This report discusses the wear-away and whipsaw issues, a proposal by the Treasury Department that addresses them, and relevant legislation introduced in the 109th Congress (H.R. 2830 and S. 1304).
Date: July 29, 2005
Creator: Lunder, Erika & Staman, Jennifer
Partner: UNT Libraries Government Documents Department

Summary of the Employee Retirement Income Security Act (ERISA)

Description: The Employee Retirement Income Security Act of 1974 (ERISA) provides a comprehensive federal scheme for the regulation of employee pension and welfare benefit plans offered by employers. ERISA contains various provisions intended to protect the rights of plan participants and beneficiaries in employee benefit plans. These protections include requirements relating to reporting and disclosure, participation, vesting, and benefit accrual, as well as plan funding. ERISA also regulates the responsibilities of plan fiduciaries and other issues regarding plan administration. ERISA contains various standards that a plan must meet in order to receive favorable tax treatment, and also governs plan termination. This report provides background on the pension laws prior to ERISA, discusses various types of employee benefit plans governed by ERISA, provides an overview of ERISA’s requirements, and includes a glossary of commonly used terms.
Date: April 10, 2008
Creator: Purcell, Patrick & Staman, Jennifer
Partner: UNT Libraries Government Documents Department

Legal Issues Relating to State Health Care Regulation: ERISA Preemption and Fair Share Laws

Description: This report provides an overview of the Employee Retirement Income Security Act (ERISA) preemption, discusses legal challenges to fair share laws, and analyzes the fair share requirements included as part of the Massachusetts Health Care Reform Act.
Date: August 26, 2008
Creator: Shimabukuro, Jon O. & Staman, Jennifer
Partner: UNT Libraries Government Documents Department

Employment-Based Health Coverage and Health Reform: Selected Legal Considerations

Description: It is estimated that nearly 170 million individuals have employer-based health coverage. As part of a comprehensive health care reform effort, there has been support (including from the Obama Administration) in enacting comprehensive health insurance reform that retains the employer-based system. This report presents selected legal considerations inherent in amending two of the primary federal laws governing employer-sponsored health care: the Employee Retirement Income Security Act (ERISA) and the Internal Revenue Code (IRC).
Date: June 12, 2009
Creator: Staman, Jennifer & Liu, Edward C.
Partner: UNT Libraries Government Documents Department

NFIB v. Sebelius: Constitutionality of the Individual Mandate

Description: Report that provides an overview of the Court's holding with respect to the individual mandate of the Patient Protection and Affordable Care Act (ACA) under the Commerce Clause and the Taxing Power. It also addresses possible implications of the decision on existing federal law and future legislation.
Date: September 3, 2012
Creator: Lunder, Erika K. & Staman, Jennifer
Partner: UNT Libraries Government Documents Department

Premium Tax Credits and Federal Health Insurance Exchanges: Questions and Answers

Description: Legal challenges that may have a substantial impact on the implementation and operation of the Patient Protection and Affordable Care Act (ACA) concern whether premium tax credits are available for millions of individuals participating in federally administered health insurance exchanges. The Supreme Court has decided to weigh in on this issue in King v. Burwell. This report provides background on provisions of ACA relevant to this issue. It then answers questions concerning the legal challenges and potential implications of the Court's decision in King.
Date: December 19, 2014
Creator: Staman, Jennifer A.; Lunder, Erika K. & Shedd, Daniel T.
Partner: UNT Libraries Government Documents Department

Requiring Individuals to Obtain Health Insurance: A Constitutional Analysis

Description: This report discusses the Patient Protection and Affordable Care Act (ACA), P.L. 111-148, as amended, Congress enacted a “minimum coverage provision,” which compels certain individuals to have a minimum level of health insurance. This report provides an analysis of the constitutionality of this provision requiring individuals to obtain health insurance.
Date: April 6, 2012
Creator: Staman, Jennifer; Brougher, Cynthia; Liu, Edward C.; Lunder, Erika K. & Thomas, Kenneth R.
Partner: UNT Libraries Government Documents Department

Requiring Individuals to Obtain Health Insurance: A Constitutional Analysis

Description: This report first analyzes the authority of Congress to enact the minimum essential coverage requirement contained in Patient Protection and Affordable Care Act (PPACA), as well as how a court might analyze this provision if challenged based on various provisions of the Fifth and Tenth Amendments. This report discusses whether there must be exceptions to a requirement to purchase health insurance based on First Amendment freedom of religion, and finally, discusses some of the legal challenges to this federal requirement.
Date: February 1, 2011
Creator: Staman, Jennifer; Brougher, Cynthia; Liu, Edward C.; Lunder, Erika K. & Thomas, Kenneth R.
Partner: UNT Libraries Government Documents Department

Requiring Individuals to Obtain Health Insurance: A Constitutional Analysis

Description: This report first analyzes the authority of Congress to enact the minimum essential coverage requirement contained in the Patient Protection and Affordable Care Act (PPACA), as well as how a court might analyze this provision if challenged based on various provisions of the Fifth and Tenth Amendments. This report discusses whether there must be exceptions to a requirement to purchase health insurance based on First Amendment freedom of religion, and finally, discusses some of the legal challenges to this federal requirement.
Date: December 16, 2010
Creator: Staman, Jennifer; Brougher, Cynthia; Liu, Edward C.; Lunder, Erika K. & Thomas, Kenneth R.
Partner: UNT Libraries Government Documents Department

Requiring Individuals to Obtain Health Insurance: A Constitutional Analysis

Description: This report first analyzes the authority of Congress to pass a law of this nature, as well as how a court could analyze this provision in light of a constitutional challenge based on various provisions of the Fifth and Tenth Amendments. Finally, this report discusses whether the exceptions to the individual responsibility requirement to purchase health insurance satisfy First Amendment freedom of religion protections.
Date: May 7, 2010
Creator: Staman, Jennifer; Brougher, Cynthia; Liu, Edward C.; Lunder, Erika K. & Thomas, Kenneth R.
Partner: UNT Libraries Government Documents Department