Benefits Law Update
        Practical advice from Verrill attorneys

        The Verdict on Health Care Reform: Impact on Employer Health Plans

        by Eric D. Altholz on June 29, 2012

        The United States Supreme Court ruled yesterday that the Patient Protection and Affordable Care Act of 2010 (“ACA”) is constitutional in almost all respects, striking down only those provisions that would withhold all Medicaid funds from States that do not implement the expanded Medicaid coverage prescribed by the ACA.The effect of this widely anticipated ruling on employers, as it turns out, is negligible since the provisions that affect employer-sponsored health plans remain completely intact.

        The Supreme Court’s decision puts an end to court challenges and moves any potential changes to the ACA squarely into the political arena. In this election year, no one anticipates action by the 112thCongress. Therefore any changes to the ACA would likely occur no earlier than the first months of 2013 and seem entirely dependent on election results this November. By the time change might happen, the increased Medicare payroll tax and the 3.8% tax on unearned income (both on high earning households) will have become effective.

        As a reminder, the following benefits or design features that have already been incorporated into the health plans of large employers still apply:

        • coverage available to adult children up to age 26, if dependent coverage is available;
        • no lifetime limits and restricted annual limits on “essential benefits”;
        • no pre-existing condition exclusions for children under 19;
        • no rescissions of coverage except in cases of fraud or misrepresentation on the part of the participant; and
        • no reimbursement of over-the-counter (OTC) medicines from health FSAs, HRAs, HSAs, and Archer MSAs, unless the medicine is prescribed or is insulin.

        The additional requirements that apply to “non-grandfathered” plans, such as full coverage of preventive care and limits on employee cost-sharing, also remain in effect, and the nondiscrimination requirements that are to apply to fully insured group health plans are still expected to take effect after the publication of regulations by the Treasury Department. (While it is anyone’s guess when the new nondiscrimination and other needed regulations will be released, it is conceivable that Treasury and other agencies will pick up the pace of regulation writing in the hope of completing as many pending projects as possible before the end of the year.)

        Upcoming reporting, disclosure, and design feature requirements include:

        • Form W-2 reporting of the cost of group health plan benefits (applicable in 2012 for Forms W-2 issued in 2013);
        • providing summaries of benefits and coverage during this fall’s open enrollment period; and
        • capping employee health FSA contributions at $2,500 per year beginning January 1, 2013.

        There will be much more to say to about these issues as the election approaches. In the meantime, you can see a listing of our prior blog posts on health care reform and the ACA by clicking on “Health Care Reform” or “Affordable Care Act” in the tag cloud to the left of this column.

        Benefits Law Update

        Verrill’s Benefits Law Update blog delivers timely insights and practical guidance on the ever-evolving landscape of employee benefits and executive compensation. Our blog provides up-to-date analysis and commentary on a wide range of topics, including timely updates on developments in law affecting employee benefit plans and executive compensation arrangements.

        Key Contacts

        Subscribe

        Looking for more great content? Subscribe for regular legal updates and information delivered right to your inbox.

        Firm Highlights

        Media Mentions

        Steven Davis Featured in the Environmental Business Journal

        Steven Davis, President of Verrill Strategic Consulting, was recently interviewed and featured in the Environmental Business Journal, Volume 39...
        Blog

        What is a Bonus for Purposes of ERISA?

        An ongoing dispute about a Department of Labor advisory opinion published last September raises a basic but unanswered question under the ERISA: What...
        Media Mentions

        Verrill Recognized by WMTW for Partnership Supporting Hunger Relief in Maine

        Verrill was recently featured in coverage by WMTW News 8 for its role in a collaborative effort to combat food insecurity across southern...
        Press Releases

        33 Verrill Attorneys, Across Four Offices, Recognized in the 2026 Chambers USA Guide

        BOSTON, Massachusetts, PORTLAND, Maine, WESTPORT, Connecticut, and WASHINGTON, D.C. – Verrill has been recognized as a Leading Firm in 14...
        Blog

        Will the Knicks Beat the Spurs? (Are Prediction Market Event Contracts Gambling?)

        For those of you who like to keep score, currently 18 states are engaged in litigation over prediction markets, such as Kalshi and Polymarket,...
        Alerts and Newsletters

        DOJ Announces Faster Review and Enhanced Enforcement for Benefits-Fraud FCA Matters

        On May 27, 2026, the U.S. Department of Justice (DOJ) Civil Division issued a new memorandum, “Accelerating Review and Enhancing Enforcement in...
        Alerts and Newsletters

        DOJ Announces Minnesota Health Care Fraud Takedown; Signals Intensified Medicaid Enforcement Nationwide

        On May 21, the Department of Justice (“DOJ”) announced a first-of-its kind Minnesota Health Care Fraud Takedown charging 15 defendants, including...
        Media Mentions

        Lauren Galvin Quoted in Massachusetts Lawyers Weekly on Arbitration and Anti-SLAPP Protections

        Verrill Partner Lauren Galvin was recently featured in a Massachusetts Lawyers Weekly article highlighting a notable Superior Court decision...
        Blog

        Section 530A Accounts: What Employers Should Consider Before Offering Contributions to “Trump” Accounts

        Section 530A accounts, commonly referred to as Trump accounts, have attracted attention since the enactment of the One Big Beautiful Bill Act in...
        Blog

        Navigating PBM Reform: Regulatory Changes, Market Shifts, and Practical Guidance for ERISA Fiduciaries

        Pharmacy Benefit Manager (“PBM”) arrangements have long relied on rebates with limited transparency into true drug costs. Recent regulatory and...
        Blog

        DOL’s Proposed Regulation on Selecting Alternative Investments: Broad Implications for 401(k) and 403(b) Plan Fiduciaries

        On March 30, 2026, the Department of Labor issued a proposed regulation purporting to implement an executive order to expand access to “alternative...
        Press Releases

        Verrill Welcomes Private Clients & Fiduciary Services Attorney Gracie Castle

        BOSTON, Massachusetts – Verrill is pleased to welcome Gracie Castle to the firm’s Private Clients & Fiduciary Services Group as an Associate,...