The Bar on Healthcare

It's election season at The Bar! We're hanging our red, white and blue bunting and the Uncle Sam hats have never been taller. Join J.D. and Kerri for this important discussion of how the outcome of the 2024 election might affect employer group health plans. And in Last Call, JD salutes the unsung heroes of democracy who make the election happen.

See Kerri's tribute cake here:https://www.linkedin.com/posts/activity-7236313227150708736-BCAL

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.

The Bar takes one last summer road trip, this time visiting the nation’s capital to discuss the new mental health parity regulations. What do the new proposed regulations mean for employer group health plans, what are the compliance requirements, and what should plan sponsors expect in the coming months? We also discuss state pharmacy benefit manager reform, and the dreaded ERISA pre-emption. Finally, in Last Call, J.D. is ready for some football.

The Bar on Healthcare –August 2023: Mental Health Parity We’re in the dog days of summer (sorry, service animals only allowed in the Bar). This month, J.D. and Kerri go deep on the new mental health parity regulations, plus an update on the mifepristone case and an update on ERISA pre-emption. And during last call, J.D. conjures the power of the Netflix algorithm to recommend the unexpected hit of the summer.

The heat wave hasn’t slowed us down at The Bar—this month, J.D. and Kerri discuss the new regulations hot off the presses from Treasury, Labor and HHS! How “short” and “limited” is short term limited duration insurance? How will the IRS tax payments from employer-paid fixed indemnity policies? And what’s up with the new Mental Health Parity rules? And in Last Call, J.D. and Kerri channel their inner Siskel & Ebert and tout the return of the summer blockbusters!

It’s summertime at the Bar, and while normally that means drinks with little umbrellas in them, this summer it means looking back at a consequential Supreme Court case, and the effect it has had on group health plans at both a federal and state level over the past 12 months. J.D. and Kerri also revisit ERISA pre-emption, the Braidwood case and the end of the COVID-19 pandemic era emergencies. In Last Call, J.D. gives us his July 4th weekend streaming picks.

The City of Brotherly Love welcomes you to the Bar! This month, J.D. and Kerri give an update on a handful of topics affecting employer group health plans, including an update on what’s going both in the states and federally with pharmacy benefit managers (PBMs), the Washington state long term care mandate, and updates on some important litigation working its way through the courts. And in Last Call, J.D. salutes Philadelphia and probably jinxes their basketball team.

The Bar is open and we’re back on the road, coming to you from Aon’s annual Albuquerque Health Forum. In a jam-packed episode, Kerri and J.D. discuss the latest from Congress, an update on the end of the COVID-19 Public Health Emergency and National Emergency. They also have a litigation update, from the fight over mifepristone to the Braidwood preventative medicine case. And in Last Call, J.D. salutes Albuquerque – it’s difficult to spell but easy to love.

Spring has sprung at the Bar! Kerri and J.D. give an update on the states and their attempts to regulate pharmacy benefit managers. They also discuss how both Congress and ERISA preemption may play a role and the future of ERISA pre-emption itself. In Last Call, with baseball on the way, J.D. looks forward to a new day at the old ballgame.

The Bar is open, and we’re on the road! This month’s episode was recorded live at the 2023 Carolinas Hospital Roundtable. JD and Kerri discuss the issues facing us in 2023, including the end of the COVID-19 emergencies, the new Congress and its priorities, a Supreme Court case to keep an eye on, and abortion access in the states. In Last Call, J.D. salutes the audience for their work during the pandemic.

Welcome back to the Bar! We’re still writing 2022 on our bar tabs, but with the new year comes the possibility that the Public Health Emergency (PHE) from HHS and the COVID emergency declaration from the President might soon be ending! What are the implications for employers and their group health plans? And in Last Call, with all the talk of PHEs and HHS, J.D. explores the world of congressional acronyms.