Healthcare Reform Bill: Summary of Legal Implications

For your reference, here’s a list of recent articles summarizing the many legal implications of President Obama’s Patient Protection and Affordable Care Act (aka the Healthcare Reform Bill. Click for full-text version.)

Included: commentary on how H.R. 3590 affects not only health insurance, but also taxation, employment, criminal law, consumer protection, business law, tech law, pharma, finance & banking, and other related areas of the law.

Healthcare Reform Bill: Legal Implications Reading List

Health Care Reform: Where Are We Now?
…The legislation also would close the “Medicare doughnut hole,” a gap in Medicare coverage that requires one in eight Medicare beneficiaries to pay thousands of dollars for prescription drugs from their own pockets. The legislation would close this gap over time.
[By: Dinsmore & Shohl LLP | In: Health Law]

Health Care Reform to Impact Employers
…companies with 50 or more employees that do not offer
health benefits could be assessed a penalty of $2,000 per employee. Companies with fewer than 50 workers would be exempt, but would
be eligible to receive tax incentives and credits for offering health
care coverage.
[By: Schottenstein Zox & Dunn | In: Labor & Employment Law]
Health Reform Bill Eases ‘Intent’ Requirement in Anti-Kickback Statute
…The Health Care Reform bill passed by Congress adds shifts the playing
field in anti-kickback litigation by lowering the intent requirement to
achieve a successful prosecution.
[By: Gregory Piche Holland & Hart | In: Criminal Law]

IRS Health Care Reform Enforcement Lacks Authority
…the bill makes it compulsory for individuals to purchase health insurance
and businesses to offer it. Many would be receiving subsidies to
finance this insurance.
[By: Darrin Mish, Tampa Tax Attorney | In: Tax Law]

Therapeutic Discovery Project Tax Credit and Cash Grants in the Patient Protection and Affordable Care Act of 2010
…creates a new investment tax credit and cash grant program for certain
drug development or other medical advances by taxpayers not employing
more than 250 employees. The credits and grants are available for a
“qualifying therapeutic discovery project”…
[By: Edwards Angell Palmer & Dodge LLP | In: Finance & Banking, Tax Law]

Qualifying Therapeutic Discovery Project Credits and Grants
…The Secretary of the Treasury will, upon application by a taxpayer,
provide the taxpayer with a grant of 50% of the qualified investment in
lieu of the tax credit.
[By: Fenwick & West LLP | In: Health Law, Tax Law]

Billion-Dollar Tax Credit and Grant Opportunity for Life Sciences Companies
…Congress has appropriated up to $1 billion in tax credits and grants to
defray the costs of therapeutic research by small and mid-size life
sciences companies.
[By: Mintz Levin – Health Sciences Practice | In: Science, Computers & Technology]

Health Reform 2010: Key Provisions Affecting the Pharmaceutical Industry
…summary chart of the key provisions of the health care reform act that affect the pharmaceutical industry.
[By: Foley Hoag LLP | In: Health Law]

–  Qui Tam? Now More Plaintiffs Will Qualify:
…An important mechanism for bringing suit against healthcare providers
and pharmaceutical and medical device companies – the Qui Tam Action –
has been expanded as part of the Patient Protection and Affordable Care
[By: Foley Hoag LLP | In: Consumer Protection]

Health Care Reform’s Fraud-Fighting Provisions Increase the Potential for Liability for All in the Health Care Industry
…the Act and the Reconciliation, taken together, also require vast
changes to the Medicare and Medicaid programs, including new and
strengthened mechanisms for combating fraud, waste, and abuse in the
state and federal health care programs.
[By Mintz Levin | In: Insurance Law]

Health Care Act Codifies “Economic Substance” Doctrine, Expands Medicare Taxes on High Income Earners, and Imposes Reporting Requirements
…The Act codifies the common law “economic substance doctrine” for
transactions entered into after March 30, 2010, expands the Medicare
taxes on high income earners as from January 1, 2013, and imposes
information reporting requirements on certain payments made to
corporations after December 31, 2011.
[By: Morrison & Foerster | In: Business Law]

New Requirements for Nonprofit Hospitals under the Patient Protection and Affordable Care Act of 2010
…Under the Act, every nonprofit hospital facility is required to conduct a community health needs assessment at least once every three years and adopt an implementation strategy to meet the community health needs identified through such assessment.
[By: Edwards Angell Palmer & Dodge LLP | In: Tax Law, Business Organizations]

Health Care Reform: What Will It Mean for Your Health Plan?
…If your plan provides dependent coverage, you will need to offer coverage to adult children up to age 26 who do not have coverage under their employer’s health plan.
[By: Warner Norcross & Judd | In: Insurance Law]

Select Private Insurance Reforms In Health Reform
…useful chart and timetable from Boston-based national law firm, Foley Hoag.
[By: Foley Hoag LLP | In: Insurance Law]

Impact of Employers and Employer-Sponsored Health Plans For Schools and Colleges
…advisory focuses on the Act’s impact on employers and employer-sponsored health plans.
[By: Edwards Angell Palmer & Dodge LLP | Labor & Employment Law]

We’ll be adding additional commentary as we see it come in.

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Patient Protection Affordable Care | Healthcare Reform | HR 3590

Also see on JD Supra: Insurance Law | Health Law | Consumer Protection | Business Law

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