Conflicting Federal Rulings Issued Today on ACA

Brian Jones:

As I mentioned in my earlier post, I’m out of the office, so of course there were not one, but two significant rulings today. Fortunately, our sister blog, the Bose Employee Benefits Blog, has as excellent post on these two cases, which I thought was worth sharing here.

Originally posted on Bose Employee Benefits Blog:

Earlier today, two circuits of the U.S. Court of Appeals handed down conflicting rulings regarding the legality of insurance subsidies offered in connection with federally facilitated exchanges. The controversy surrounding these subsidies involves language found in the Affordable Care Act (“ACA”) which provides that subsidies are available to individuals purchasing insurance through exchanges “established by the State.” The IRS interpreted this language broadly to allow for subsidies to be offered with both state and federally facilitated exchanges.  The plaintiffs in both cases believe that the IRS exceeded its authority in expanding subsidies to states with federally facilitated exchanges, thereby unfairly exposing applicable large employers in those states to shared responsibility penalties.

In Halbig v. Burwell, the U.S. Court of Appeals for the District of Columbia held that the language of the ACA allowing for insurance subsidies in state operated exchanges did not apply to federally facilitated exchanges. However, only…

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Breaking: D.C. Circuit Nixes ACA Premium Subsidies

(Of course there would be breaking news while I’m out of the office…)

In any event, the D.C. Circuit this morning nixed the premium subsidies at the heart of the Affordable Care Act, effectively taking the “affordable” out of the Act. Click here for the opinion.

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Brian Jones Presents at IndyBar’s “Discoverability of Social Media” Seminar

Today, Brian Jones of Bose McKinney & Evans LLP and Elizabeth Lally of Rubin & Levin, LLP, discussed the “Discoverability of Social Media” at the Indianapolis Bar Association’s headquarters in Indianapolis. Here is a pdf of the presentation:

Be sure to share with all your friends–even those who keep posting those incriminating “duck-face” selfies…


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It’s a Wrap: The Final Report on the 2014 Indiana General Assembly

The 2014 Indiana General Assembly has finished it its work for this session. Our good friends at Bose Public Affairs Group have issued their Final Report that summarizes all of the developments for this session.

Insurers will be interested in the following bills:

  • SEA 36 – Probate, Trust and Transfer on Death Matters provides, in pertinent part, that entities provided with a small estate affidavit must respond to a small estate affidavit claim within 30 business days. If they fail to respond within 30 business days a court may award the claimant attorney’s fees and costs. The act contains a carve-out for insurers and instead requires insurers to respond in a manner consistent with IC 27.
  • SEA 220 – Unclaimed Life Insurance Benefits requires insurers to perform biannual comparisons of its in-force life insurance policies, annuity contracts and retained asset accounts against the Social Security Administration’s Death Master File or a database as inclusive to help with the accurate administration of unclaimed death benefits.
  • SEA 294 – Worker’s Compensation contains more restrictive language relative to repackaged drugs, clarification with respect to the definition of a medical service provider, prohibits double billing for implants and allows corporate officers to exempt themselves from worker’s comp coverage.
  • HEA 1020 – Study of Tax Credits at one point in the session the act contained language which would have sunset numerous tax credits (including the Indiana Insurance Guaranty Association tax credit and the Indiana Life and Health Insurance Guaranty Association tax credit) on January 1, 2020. Similar sunset language was also in HEA 1266 and SEA 367. However, instead of sunsetting the credits, the legislature decided to continue studying all tax credits via HEA 1020 by requiring the commission on state tax and financing policy to review, analyze, evaluate and report on all tax credits at least once every 5 years until the section expires December 31, 2023.
  • HEA 1058 – Electronic Delivery of Insurance Notices and Documents provides for the electronic delivery of insurance notices and documents instead of other modes of delivery otherwise required for such notices and documents. The act requires a recipient’s consent to electronic delivery and a method to withdraw consent. It also includes provisions regarding electronic posting of documents on an insurer’s website.
  • HEA 1059 – Motor Vehicle Financial Responsibility makes various changes to the motor vehicle financial responsibility law, including the: (1) definition of “registration” to include the license plate issued in connection with the registration of a vehicle; (2) requirement of proof of financial responsibility and reinstatement fees; (3) suspension of a registration as a consequence of operation of the vehicle without financial responsibility in effect; and (4) requirement of proof of future financial responsibility for five years related to operating a vehicle without financial responsibility in effect. The introduced version of this act was prepared by the interim study committee on insurance.
  • HEA 1206 – Insurance Matters an IDOI omnibus bill which does the following: (1) removes a requirement for life insurers to submit individual investments to the Department of Insurance; (2) removes a requirement that a foreign or alien insurer submit an application for admission to do business in Indiana in duplicate; (3) changes from March 15 to July 1 of each year the due date for certain insurance holding company filings; (4) adopts ORSA; (5) specifies requirements for motor vehicle service contracts; (6) removes IC 27-1-13-16(c) regarding the requirement to stamp an envelope if residential policy coverage has been reduced, restricted or removed; (7) requires a $2,500 registration fee for captive insurers doing business in Indiana; and (8) provides immunity for insurance producers in relation to electronic delivery or non-delivery of an insurance document or notice between the insurer and consumer.

And all was quiet…for now

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Today, the Bose Insurance Blog hit the 10,000 views mark! Thanks to all our readers and followers for helping us hit this milestone. We’ll keep doing our best to bring you timely and useful information on developments in the insurance world. Stay tuned!Screen Shot 2014-03-20 at 9.33.16 AM

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(The Way Overdue) 2014 Indiana Legislative Updates 8 and 9

Yes, these are long overdue, and no, I don’t have a good excuse. But you know what they say: “Litigators gonna litigate.”

Anyway, here are Updates 8 and 9 from our friends at Bose Public Affairs Group, covering developments in:

  • Unclaimed life insurance benefits;
  • Electronic delivery of insurance documents;
  • Workers comp;
  • the Indiana Department of Insurance; and
  • Motor vehicle financial responsibility.

The General Assembly session wrapped up this week, so a full report will be coming soon. Stay tuned.

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2014 Indiana Legislative Updates # 6 and # 7

Boy, you get a couple of new cases in the door, and the next thing you know–boom!–our friends at Bose Public Affairs Group have dropped not one, but two new 2014 Indiana Legislative Updates.

There’s a lot to digest here, and in the immortal words of Inigo Montoya, “It is too much. Let me sum up.” Here’s are the topics covered in these two updates:

  • Unclaimed life insurance benefits;
  • Indiana Department of Insurance;
  • Electronic delivery of notices and documents;
  • Motor vehicle financial responsibility;
  • Pollution exclusion;
  • Lawsuit lending; and
  • The potential repeal of insurer tax credits.

As always, stay tuned for the latest developments!

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