Husch Blackwell attorney Joe Geraci weighed in on recent guidance provided by HHS related to whether the federal anti-kickback statute applies to patients who purchase subsidized health insurance products on the new state or federal healthcare exchanges.  Specifically, the anti-kickback regulations apply to “federal healthcare programs” that are defined to include the following:

Any plan

Some employers may have rejoiced when IRS Notice 2013-45 delayed until 2015 the implementation of the employer shared-responsibility penalties mandated by the Patient Protection and Affordable Care Act (ACA). Certainly, this delay is a win for employers; however, other healthcare reforms will demand the attention of health plan sponsors before January 1, 2014.  Husch Blackwell

Mark D. Welker and  Scott A. Behrens, Husch Blackwell attorneys in our Employee Benefits and Executive Compensation group, recently addressed key questions employers should ask themselves about Healthcare Reform. Existing guidance in this area is complicated, confusing, and incomplete in many respects.  To access the key questions and examples of basic compliance hurdles and planning strategies, click