Affordable Care Act
The Patient Protection and Affordable Care Act, also known as the Affordable Care Act (ACA), or colloquially as “Obamacare,” was signed into law in March of 2010 with the goal of increasing the quality and affordability of health insurance for millions of Americans.
While the Act’s employer shared responsibility payments will not apply until 2015, and in some cases, not until 2016, there are provisions and safe harbors to consider and decisions that can be made now that may help businesses, employees and a business’s bottom line. Further, there are many unintended consequences arising out of the ACA that business owners, both large and small, need to consider when administering health care arrangements.
We are carefully following the developments associated with the roll-out of ACA and are providing counsel to business owners and other professionals, helping them to address compliance issues, evaluate exposure to penalties and other tax issues as well as planning strategically for the future.
Affordable Care Act Articles
Missouri Court of Appeals Refuses to Apply “Abuse of Discretion” Standard to its Review of a Benefit Denial Despite “Firestone Language”
A recent decision by the Missouri Court of Appeals limited the scope of the U.S. Supreme Court’s holding in Firestone Tire & Rubber Co. v. Burch, 489 U.S. 101 (1989). In Firestone, the Supreme Court held that “a denial of benefits challenged under § 1132(a)(1)(B)...
Employers can Still Require Compliance with Call-in Policies, Without Violating FMLA
A Minnesota District Court recently held that a returning to work member of the National Guard was subject to proper termination for failure to comply with his employer’s call-in policy. That policy required all employees to report absences directly to a manager, not...
Missouri 2010 Mechanic’s Lien Law Amendments
Missouri contractors and subcontractors have received a bit of extra protection courtesy of the Missouri legislature, with property owners and others receiving benefits as well. Recently enacted provisions amend the Missouri Mechanic's Lien Law to provide protection...
Negotiating, and Defenses to, Personal Guaranties
One of the dreaded documents any business owner faces in a deal is the "personal guaranty." After all, the business owner went through the steps to incorporate or organize their business just to avoid this personal liability, and now a lender, landlord, supplier or...
