The Bar on Healthcare

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.

The Bar on Healthcare – December 2022 That Was The Year That Was Happy Holidays from the Bar! In our special year-end wrap up episode, J.D. and Kerri count down their nominees for the court cases, laws and regulations that had the biggest impact on employer health plans in 2022. And in Last Call, J.D. and Kerri reveal the Bar on Healthcare’s inaugural Person of the Year.

Welcome back to The Bar! After the midterm elections and a helping of turkey, Congress returns for some lame duck! Topics for this lame duck session include: extending telehealth benefits in Medicare recipients and (maybe) HDHPs: the potential for mental health legislation; new leaders on the Senate HELP Committee (and the possible return of Larry David to SNL!), and the upcoming health plan transparency deadline. And in Last Call, Kerri toasts a hardwood dynasty off to yet another amazing...

It’s Halloween at the Bar! And what better way to celebrate spooky season than with the Prescription Drug Data Collection (RxDC)? Our special guest Ed Doherty helps us understand this new filing requirement and shows us there’s nothing to be afraid of! During Last Call, J.D. celebrates the return of blockbuster movies to the big screen.

The Bar on Healthcare – September 2022: The Inflation Reduction Act Welcome back to the Bar! J.D. and Kerri return from summer break to discuss the Inflation Reduction Act’s effects on healthcare, including prescription drug pricing, changes to Medicare, and ACA exchange subsidies. And in Last Call, J.D. reminds us to always keep our heads in the game – or at least our eyes on the big screen.

Welcome back to The Bar! This month, J.D. and Kerri discuss the impact on state law from the Supreme Court’s decision in Dobbs v. Jackson Women’s Health, the Biden Administration’s Executive Order protecting abortion access, and the prospect of federal and state legislation. And in Last Call, J.D. gives us a preview of coming attractions at The Bar.

We bring you a special report on the Supreme Court’s landmark decision in Dobbs v. Jackson Women’s Health Center, which has overturned Roe v. Wade and Planned Parenthood v. Casey. Kerri and JD discuss some of the initial effects on employee health plans, from ERISA pre-emption to travel and lodging benefits to mental health parity.