EBIA Weekly Newsletter

Another Set of ACA Regulations Sent Back to Agencies for Further Explanation

   September 21, 2017

American Coll. of Emergency Physicians v. Price, 2017 WL 3836045 (D.D.C. 2017) Available at https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2016cv0913-23 Responding to a challenge brought by various health care providers, a federal court has ruled that the DOL, IRS, and HHS acted arbitrarily and capriciously in adopting final regulations under the Affordable Care Act (ACA) patient … Read More

IRS and DOL Offer Additional Relief to Aid Victims of Hurricane Irma

   September 21, 2017

Topic(s): Fringe Benefits; Cafeteria Plans; 401(k) Plans IRS Notice 2017-52 (Sept. 14, 2017); IRS News Release IR-2017-154 (Sept. 14, 2017); IRS News Release IR-2017-155 (Sept. 15, 2017); IRS News Release IR-2017-156 (Sept. 19, 2017); IRS News Release GA-2017-02 (Sept. 19, 2017); DOL News Release 17-1297-NAT (Sept. 15, 2017); DOL: FAQs for Participants and Beneficiaries Following … Read More

Spouse Gets Five-Year Prison Sentence for Retirement Plan Theft and Other Fraud

   September 21, 2017

Department of Justice News Release (July 7, 2017) Available at https://www.justice.gov/usao-sdin/pr/evansville-woman-sentenced-federal-court-bankruptcy-and-wire-fraud-scheme An attorney for the U.S. Department of Justice has announced the sentencing of a woman who, among other fraudulent activities, stole thousands of dollars from her husband’s 401(k) retirement account. Without his knowledge or authorization, she transferred more than $40,000 … Read More

Court Rejects Hospital’s Attempt to Elect COBRA for Patient Years After His Period of Incapacity

   September 14, 2017

Regents of the Univ. of Ca. v. Stidham Trucking, Inc., 2017 WL 3840259 (E.D. Ca. 2017) Available at https://www.gpo.gov/fdsys/pkg/USCOURTS-caed-2_16-cv-02835/pdf/USCOURTS-caed-2_16-cv-02835-1.pdf A federal court has dismissed a lawsuit brought by a medical center that attempted to elect COBRA on behalf of a patient long after he received treatment at its facilities. The patient, … Read More