In a closely watched decision, the Supreme Court has upheld the authority of the U.S. Preventive Services Task Force (Task Force), preserving the Affordable Care Act’s (ACA) requirement that health plans cover preventive...more
7/2/2025
/ Affordable Care Act ,
Appointments Clause ,
Constitutional Challenges ,
Corporate Counsel ,
Department of Health and Human Services (HHS) ,
Employer Liability Issues ,
Health Insurance ,
Healthcare ,
HIV ,
Kennedy v Braidwood Management Inc ,
Patient Access ,
Preventive Health Care ,
SCOTUS ,
Statutory Interpretation
As expected, the lawsuits have commenced following the enactment of the Arkansas legislation prohibiting pharmacy benefit managers (PBM’s) from owning or operating actual pharmacies within the state. Michigan has filed its...more
6/6/2025
/ Antitrust Litigation ,
Antitrust Violations ,
Business Ownership ,
Commerce Clause ,
Constitutional Challenges ,
Drug Pricing ,
Health Insurance ,
Healthcare ,
New Legislation ,
Patient Access ,
Pharmaceutical Industry ,
Pharmacies ,
Pharmacy Benefit Manager (PBM) ,
Preemption ,
Prescription Drugs ,
Privileges and Immunities ,
Proposed Legislation ,
Regulatory Agenda ,
State and Local Government ,
State Attorneys General ,
TRICARE
Arkansas has become the first state in the nation to enact legislation, effective starting in 2026, prohibiting pharmacy benefit managers (PBM’s) from owning or operating actual pharmacies within the state. We take a look at...more
4/25/2025
/ Arkansas ,
Compensation & Benefits ,
Drug Pricing ,
Employee Benefits ,
Employer Group Health Plans ,
Health Insurance ,
Healthcare ,
Healthcare Reform ,
New Legislation ,
Pharmacy Benefit Manager (PBM) ,
Prescription Drugs ,
State and Local Government
In a move with potentially significant implications for entities subject to the Affordable Care Act, the Department of Health and Human Services (HHS) has reversed course and now contends that Section 1557 of the Affordable...more
3/13/2025
/ Affordable Care Act ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
Department of Health and Human Services (HHS) ,
Disability Discrimination ,
Employee Benefits ,
Executive Orders ,
Gender Discrimination ,
Gender Dysphoria ,
Gender Expression ,
Gender Identity ,
Health Insurance ,
Healthcare ,
LGBTQ ,
New Guidance ,
Patient Access ,
Rehabilitation Act ,
Section 1557 ,
Statutory Interpretation ,
Transgender ,
Trump Administration
Following through on a campaign theme focused on transgender issues and access to gender-affirming health care, on Friday, January 28, President Trump signed an Executive Order, titled “Protecting Children from Chemical and...more
2/12/2025
/ Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Employee Retirement Income Security Act (ERISA) ,
Equal Access ,
Executive Orders ,
Gender Expression ,
Gender Identity ,
Health Insurance ,
Healthcare ,
Healthcare Reform ,
Insurance Reform ,
LGBTQ ,
Medicaid ,
Medicare ,
Patient Access ,
Section 1557 ,
Transgender
Access to reproductive health care has been a part of the national debate for years, and even more so since 2022 when the US Supreme Court issued its ruling in Dobbs overturning decades of precedent established under Roe v....more
10/28/2024
/ Abortion ,
Compensation & Benefits ,
Employee Benefits ,
Employees ,
EMTALA ,
Equal Protection ,
Health Insurance ,
Healthcare ,
Human Rights ,
Life Sciences ,
Patient Access ,
Pregnancy ,
Regulatory Agenda ,
Reproductive Healthcare Issues ,
Roe v Wade ,
Women's Rights
On Monday, September 9, 2024, the Departments of Health and Human Services, Labor and Treasury (the “Departments”) issued their final rule regarding the nonquantitative treatment limitation (NQTL) comparative analysis...more
9/11/2024
/ Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Employee Benefits ,
Employer Group Health Plans ,
Final Rules ,
Health Insurance ,
Healthcare ,
Mental Health ,
Mental Health Parity Rule ,
MHPAEA ,
NQTLs ,
Proposed Rules ,
U.S. Treasury
The agencies have finalized a portion of their proposed rules impacting so-called “junk insurance” regarding short-term limited-duration insurance, but deferred finalizing the more significant changes that would have impacted...more
Seyfarth Synopsis: Last week, the Alabama Supreme Court ruled that cryogenically frozen embryos are children and are protected from destruction under state law. This is the latest in a series of post-Dobbs judicial rulings...more
2/28/2024
/ Abortion ,
AL Supreme Court ,
Dobbs v. Jackson Women’s Health Organization ,
Employee Benefits ,
Employer Liability Issues ,
Family Planning Clinics ,
Fertility Treatments ,
Health Care Providers ,
Health Insurance ,
Healthcare ,
Human Embryos ,
Internal Revenue Code (IRC) ,
Patient Access ,
Reproductive Healthcare Issues ,
Wrongful Death
Employers looking to enhance their suite of employee benefit programs, and focused on lessons learned during the pandemic on wellbeing, are interested in providing greater access to wellness tools. And, the vendors who...more
1/30/2024
/ Data Privacy ,
Data Protection ,
Electronic Protected Health Information (ePHI) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employees ,
Employer Liability Issues ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Mobile App Privacy Guidelines ,
Mobile Apps ,
Personally Identifiable Information ,
Popular ,
Wellness Programs
This is the ninety-first issue in our series of alerts for employers on selected topics in health care reform. This series of Health Care Reform Management Alerts is designed to provide an in-depth analysis of certain aspects...more