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In a 51-48 vote on March 1, the Senate rejected a controversial amendment that would have allowed health plans to decline to cover health services to which the plan or its sponsor has a moral or religious objection. The amendment would have reversed a rule that was created pursuant to the Patient Protection and Affordable Care Act (PPACA). …
Read More Healthcare Update: Senate Rejects Anti-Contraception Amendment; State Budget Shortfalls Put Medicaid and Other Programs at Risk; NJ Postpones Long-Term Care Overhaul

In February 2012, the New York State Department of Financial Services (DFS) announced that it is launching a “wide-ranging probe into the accuracy of the data used by insurers and health maintenance organizations (HMOs) to request health insurance rate increases.” …
Read More N.Y. Regulators Launch Audit of Health Insurance Rates

Connecticut Governor Dannel P. Malloy has recently put forth proposals in an effort to make Connecticut an enticing domicile for captive insurance companies.  According to media reports, Governor Malloy has asked the legislature to approve a $7,500 first-year tax credit for new captive insurers. …
Read More Connecticut Governor Announces Plans To Build Captive Insurance Market

In a decision likely to impact foreign nationals as well as airlines, airports, and related insurers, the 9th Circuit Court of Appeals recently affirmed a lower court ruling which held that a Malaysian citizen studying in the U.S. has legal standing to sue in U.S. courts to challenge the mistaken presence of her name on the No-Fly List. …
Read More Ninth Circuit Affirms Foreign Nationals’ Standing to Challenge “No-Fly List” Inclusion

CONGRESS PASSES “DOC FIX”
The payroll tax cut deal approved by the House and Senate on February 17 includes $21 billion in healthcare spending, much of which comes from blocking the physician pay rate drop of 27.4% that would have taken effect on March 1. Medicare Fee Schedule payment rates will now be frozen at their current levels through December 31. …
Read More Healthcare Update: Congress Passes “Doc Fix”; North Carolina Granted MLR Waiver; Wisconsin’s Request Denied

On February 9, 2012, California Insurance Commissioner Dave Jones announced that the Office of Administrative Law approved his request to make permanent the emergency regulation issued last year requiring health insurers to allocate a larger share of insurance premiums to actual medical care, rather than overhead costs and profits. …
Read More Emergency Regulation to Enforce Medical Loss Ratio Requirements is Made Permanent in California

The Federal Insurance Office (FIO) has missed its deadline to release its widely-anticipated report to Congress on how to improve and modernize insurance regulation in the U.S.  The report, which was due in January 2012, is mandated by the Dodd-Frank Wall Street Reform and Consumer Protection Act and is expected to provide insight into how the FIO plans to use its authority. …
Read More FIO Misses Deadline To Submit Federally-Mandated Report to Congress

The third panel on Day 2 of the PLUS D&O Symposium discussed foreign exposures for U.S. companies. They noted that this encompasses two broad categories: claims brought in the U.S. relating to activities abroad, and claims actually brought abroad against U.S. companies. …
Read More PLUS D&O Symposium 2012 – Day 2 Third Panel: Foreign Exposures