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ASSOCIATION HEALTH PLANS
Frank J. Barrett, Esq. John Schachterle's recent article as to small group pools leads to a discussion of the current debate in Congress on Association Health Plans. Going back to 1995, Congress has introduced bills proposing to allow small businesses to form Association Health Plans (AHPs) which would create new purchasing arrangements for health insurance coverage. The AHP legislation attempts to improve access to and affordability of health insurance for small business employees.
OHIO'S NEW CAT
Faith M. Williams, Esq. Mark Engel In July 2005, Ohio adopted a new system of business taxation. The previous tax structure, adopted decades ago, perhaps was appropriate for Ohio's old manufacturing economy. But the State’s outdated tax climate was one of several factors that have made it difficult for Ohio to retain employers, and to attract “new economy” businesses.
INSURABLE INTEREST A TOPIC OF INCREASING INTEREST
Gary C. Harriger, Esq. 21:30 Hrs. May 10, 2004, Murphy’s Irish Pub: Near Paris Island South Carolina. Lance Corporal Tyler Reed and Lance Corporal John Stone have just ordered their third beer and have been discussing their deployment to Iraq in one week.
A TRAIN WITHOUT TRACKS
Jacqueline T. Lenmark, Esq. Insurers insuring Montana workers’ compensation claims are now repeatedly summoned in cases in which the “common fund doctrine” is being applied to create a pool of attorney fees for claimants’ counsel. From the first case in which the doctrine was applied to the present, the doctrine has undergone unprecedented expansion, being used as a tool with or variation to class action certification of cases striking down provisions of the Montana Workers’ Compensation and Occupational Disease Acts. Implementation of the doctrine has created numerous legal issues for resolution by the workers’ compensation court as it oversees separate common funds each involving up to 650 insurers.
CONFUSION ABOUNDS SUBROGATION/REIMBURSEMENT IN HEALTH INSURANCE POLICIES AND PLANS
Vernon E. Leverty, Esq. Nothing concerning insurance is simple, especially when it comes to determining when, where and how subrogation/reimbursement applies in health insurance. An insurer’s subrogation/reimbursement remedies were once roughly divided between whether ERISA applied or not. In most instances group health insurance fell within the purview of ERISA, and claims for subrogation/reimbursement had to be made under ERISA. Individual health insurance is rarely governed by ERISA; instead, it is governed by individual state laws and/or state court holdings.
MEDICARE DRUG COVERAGE COMING IN 2006
William J. Toman, Esq. On December 8, 2003, the President signed the Medicare Prescription Drug, Improvement, and Modernization Act of 2003. Known as the “MMA,” the law includes some the most significant changes in Medicare since it was created in 1965. Among other things, the MMA creates a Medicare “Part D” plan to provide outpatient prescription drug coverage, and makes changes to the traditional Medicare program and to private Medicare supplement insurance plans. |
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