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ERISA Plan Disclosures Not "Actual Knowledge" Unless Read
March 31st, 2020
ERISA requires plaintiffs with “actual knowledge” of an alleged fiduciary breach to file suit within three years of gaining that knowledge under 29 U. S. C. §1113(2). For plaintiffs without “actual knowledge, a 6-year period applies. The Unite…
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Balance Billing Defense, an "Op Ed" by James F. Koehler
February 29th, 2020
The authors of this newsletter have followed, and occasionally written about, various state and federal legislative efforts to reign in and address the problem of balance bills, or as the legislators incorrectly name them, “surprise medical bills.…
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2019 Federal Health Care Legislation - Action or No Action
February 29th, 2020
Funding for the ACA continues to be reduced. “As part of a 1.4 trillion dollar spending package the Senate passed [December 19, 2019] and which President Donald Trump has said he’ll sign, three taxes that were created to fund the Affordable C…
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Constitutionality of the ACA - A Brief Timeline and Update
January 31st, 2020
State of Texas, et al. v. United States (N.D. Tex. Case No. 4:18-cv-167-O; 5th Cir. Case No. 19-10011) will follow the traditional litigation path and not be fast-tracked. Here is a look back over the case’s history: December 2017: Congress set the…
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Non-Profit Hospitals Profit From Tax-Exempt Status
January 31st, 2020
Approximately 60% of community hospitals are nonprofit hospitals.[1] A nonprofit hospital is a hospital that is granted 501(c)(3) status by the IRS. Nonprofit hospitals benefit from this status by being: Exempt from federal, state and local taxes; Pe…
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The Fate of the ACA Remains Uncertain
December 27th, 2019
On December 18, 2019, the 5th Circuit Court of Appeals entered its decision in State of Texas, et al. v. United States of America, Case No. 19-10011, which was on appeal from the District Court for the Northern District of Texas. As framed by the 5th…
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Will Federal Surprise Billing Legislation Ever Move Forward?
December 27th, 2019
As 2019 draws to a close, and despite a flurry of activity throughout the year, the House and Senate have been unable to reach agreement with respect to balance billing. Members of the House and Senate introduced a myriad of bills all targeting “su…
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Health Care Costs Continue to Grow
December 27th, 2019
One thing is certain as we head into 2020, health care costs continue to rise. Here are some of the key statistics reported in 2019: $3.8 trillion is the predicted health care spend in 2019[1] 4.8% is the predicted increase in health care spend in 20…
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Koehler Fitzgerald lawyers Timothy Fitzgerald, Dianne Foley and Robert Barr recognized as 2020 "Best Lawyers in America" in multiple categories
August 16th, 2019
Koehler Fitzgerald congratulates Timothy Fitzgerald, Dianne Foley and Robert Barr on their 2020 inclusion in The Best Lawyers in America. Tim was recognized in the category of “Insurance Law,” Dianne was recognized in the categories of …
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May 2019 Balance Billing Newsletter
June 2nd, 2019
In this Month’s Newsletter, Koehler Fitzgerald discusses the plethora of Surprise Medical Bill legislation proposed by members of the U.S. House and Senate, as well as “Who Pays and for Which Drugs.” Click here to read more!
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