COBRA continuation insurance: is pre-existing coverage under a spouse's group health plan a terminating event?
The US Circuit Courts of Appeals are split on whether health insurance coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) is terminated by pre-existing coverage under spouses' health plans. COBRA extends employee health care coverage for former employees until a terminating event occurs. Two unsatisfactory views have emerged in the courts of appeal with the 'significant gap' view preferable for its adherence to statutory language and legislative intent. The gap view deems pre-existing coverage as additional coverage terminating COBRA rights.
Publication Name: The Journal of Corporation Law
Health care law - HMO regulation - Arkansas requires HMOs to accept any provider willing to join their networks. - Patient Protection Act, 1995 Ark. Acts 505, amended by 1995 Ark. Acts 1193
State health care reform efforts that focus on "any-willing-provider" laws will not promote cost containment in medical care because these laws undermine the ability of health maintenance organizations (HMOs) to bargain for lower fees. Laws such as Arkansas' Patient Protection Act are designed to allow patient freedom of choice by ensuring that any doctor or other provider willing to adhere to HMO terms can provide services to HMO members. Open access to HMO patients destroys the bargaining power that helps HMOs reduce costs by guaranteeing a volume of patients.
Publication Name: Harvard Law Review
Post-employment health coverage for executives and their families
The 1996 Health Insurance Portability and Accountability Act will dramatically impact the ability of terminated executives to continue their health coverage. Previously, executives often needed termination agreements to specificly extend insurance coverage or they had to rely on COBRA-extended health benefits. The health insurance legislation improves portability and limits pre-existing condition restrictions. Medical expense reimbursement accounts, retirees' insurance, the Family Leave Act, and self-insurance are also analyzed.
Publication Name: Estate Planning
- Abstracts: Reconsidering the taxation of life insurance proceeds through the lens of current estate planning. Taxation of business rent
- Abstracts: Health insurance purchasing cooperatives: how does your cooperative grow? National health insurance - dead or alive?
- Abstracts: Actual contamination in the Federal Sentencing Guidelines: to prove or not to prove? The Federal Advisory Committee Act and its failure to work effectively in the environmental context
- Abstracts: The international environmental management standard, ISO 14000: a non-tariff barrier or a step to an emerging global environmental policy?
- Abstracts: Electronic environmental permitting: panacea or Pandora's box? Computer generated evidence as a witness beyond cross-examination