The Bar on Healthcare

Welcome back to the Bar, where Kerri and J.D. are having a farewell toast to the administrative law concept of “Chevron deference.” The reversal of this decades-old precedent could have long ranging effects on employer group health plans, so we discuss the implications and what comes next. In Last Call, J.D. pays tribute to the anniversary of the Apollo 11 moon landing.

Summer is in full swing at the Bar, but the courts aren’t quite done for the term yet. This month, Kerri and JD cover two cases that will affect employer group health plans. The first is Food and Drug Administration v Alliance for Hippocratic Medicine, where the Supreme Court ruled that mifepristone could remain on the market. Also, we break down a narrow ruling in the appellate court in Braidwood v Becerra, a case about preventative care in the ACA. And in Last Call, JD and Kerri pay tribute to one of the Bar’s favorite Canadians and actors, Donald Sutherland.

It’s summertime at the Bar, and that means one thing: new regulations! HHS has issued some new HIPAA rules around reproductive healthcare. JD and Kerri break down what’s new. Also, there are some new non-discrimination regulations from the ACA around gender identity and sexual orientation. And during last call, JD channels his inner restaurant critic to discuss, what else, the 2024 Olympics.

The Bar is open and back on the road! Join JD and Kerri at the Albuquerque Health Forum, where we kick off election season, and give an update on a handful of issues, including the prospect of new Pharmacy Benefit Manager legislation, mental health parity rules, and healthcare fiduciary lawsuits. There’s also an update on ERISA, or as we at the Bar call it, the Full Employment for Benefit Lawyers Act. In Last Call, Kerri has a basketball-related dilemma.

Happy spring from your friends at the Bar! The recent Alabama Supreme Court ruling that frozen embryos are children has employers taking a second look at their family building benefits. Kerri and JD break down the ripple effects of this unanticipated change. And in Last Call, JD highlights the importance of staying in good shape over the holidays.

Welcome back, the Bar is open! This month, JD and Kerri discuss how two cases before the Supreme Court, Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce, may spell the end of Chevron deference, which would have a massive impact on how healthcare policy is administered. And in Last Call, J.D. eulogizes a fellow Fordham alum, Charles Osgood.

Happy Holidays from your friends at the Bar! Forget wrapping up 2023, we’re on to 2024! J.D. and Kerri look into the crystal ball to see what we’re likely to be talking about next year, including the Supreme Court taking up a mifepristone case, pharmacy benefit manager reform and price transparency in Congress, and fiduciary litigation for healthcare plans. And in Last Call, J.D. and Kerri name The Bar’s Person of the Year.

The Bar on Healthcare – November 2023: The ACA and Employer Sponsored Plans

Welcome back to the Bar! This month, J.D. and Kerri widen the lens to take a look at how healthcare coverage purchased through the ACA exchanges has affected employer sponsored plans. We also discuss changes to the Medicare trust fund. And in Last Call, J.D. eschews sports references for a story about a library book that was due during Prohibition.

Happy Halloween from the Bar! This month, J.D. and Kerri bring you a different perspective on the proposed mental health parity regulations. Employers are weighing in, and they’ve got questions, including what qualifies as an NQTL, telehealth, and when these regulations might take effect. And in Last Call, J.D. is looking forward to the World Series.