Pandemic-related and political shifts regarding Section 1557 of the Affordable Care Act (ACA), the part that prohibits employer discrimination, have occurred over the last few years. Read on to learn what you need to know about (1) long-haul COVID-19 and disability discrimination and (2) the Biden administration’s approach to gender discrimination.
Tag: Affordable Care Act (ACA)
In what is being called a signal to foes of the Affordable Care Act (ACA), the U.S. Supreme Court’s latest ruling on the health care law preserves the status quo for employers. In a 7-2 decision, the Court found the states challenging the ACA’s legality in California v. Texas did not have standing to bring […]
We’re now in the thick of the fourth reporting season for the Affordable Care Act (ACA) and for many HR professionals, it’s still a tricky requirement. There always seems to be an ACA provision that’s changing, being debated, or even disappearing.
A federal district court ruled that the entire Affordable Care Act (ACA) is unconstitutional because Congress’ recent repeal of the individual mandate penalty undermined the U.S. Supreme Court’s rationale for upholding the law in 2012.
With the passage of the Affordable Care Act (ACA), federal law required employers with more than 50 employees to provide breastfeeding employees a private location, other than a toilet stall, where they can express breast milk in privacy. And, of course, the Pregnancy Discrimination Act (PDA) has prohibited discrimination “on the basis of pregnancy, childbirth, […]
by Ajay Gogna The IRS recently issued guidance on the application of various provisions of the Affordable Care Act (ACA) to employer-provided health insurance coverage, including guidance on how employer offers of “opt-out” payments to employees are treated for purposes of determining whether healthcare coverage is affordable. Analysis of the guidance The ACA requires applicable […]
by David L. Johnson Encouraged by health insurance companies, workplace wellness programs have become trendy. Wellness programs help prevent disease and encourage employees to adopt healthier lifestyles. What could possibly go wrong? Well, wellness programs involve biometric screenings, medical questionnaires, and health risk assessments. If the information is in the hands of a third party […]
by Sara Anne Quinn Many employers use wellness incentive programs to encourage their employees to lead healthy and active lifestyles. Wellness programs often include questionnaires or health assessments that request employees’ private health information. Although the programs are explicitly allowed under federal laws like the Health Insurance Portability and Accountability Act (HIPAA) and the Affordable […]
by Michelle Dougherty With the recent emphasis on the Pregnancy Discrimination Act (PDA) regarding employers’ affirmative duties to pregnant employees, it is important for employers to remember that they also have obligations when employees return to work after childbirth. Specifically, under the Fair Labor Standards Act (FLSA) and the Affordable Care Act (ACA), employers have […]
by Jodi R. Bohr Although employers’ obligation to provide breaks for nursing mothers is not new (it took effect with the March 23, 2010, signing of the Affordable Care Act (ACA)), I’ve recently been presented with many questions about what the law requires. From the questions, I’ve realized two things: (1) Employers still do not […]