The Bar on Healthcare

Welcome back to the Bar! This month, JD and Ed break down the flurry of activity coming from Washington DC on both the legislative and executive front. The “One Big Beautiful Bill Act” has provisions that employer group health plans will find interesting, and two executive orders pertaining to prescription medication pricing have been issued. And in Last Call, JD remembers everyone's favorite bar patron, accountant and one-liner machine George Wendt.

Welcome back to The Bar, under (partial) new management! In this month's episode, we welcome our new co-host, Ed Doherty, who is mixing up a happy hour's worth of employer group health plan analysis. JD and Ed discuss the basics of two court cases, Lewandowski v Johnson and Johnson and Stern v JP Morgan Chase and Co. that have to do with a group health plans and their fiduciary duty to their members. Ed breaks down why one case was tossed out and the other remains. And in Last Call, JD challenges a rule that many of us have followed for a long time.

It's nearly Spring at the Bar! The Bar is a smoke-free environment, but JD and Kerri are keeping an eye on a lawsuit involving tobacco surcharges that employer group health plans charge, and the rules they have to follow. Then we have an update on some of the new regulations coming from the Trump administration about open enrollment on the ACA exchanges. And in a Last Call we never wanted to hear, JD bids a fond farewell to Kerri. Best of luck Kerri, come back and visit The Bar any time!

Welcome back to the Bar! It's cold outside, so we're keeping warm by staying up to date on the latest from the courts and the White House. Kerri and JD discuss the outcome of Lewandowski v. Johnson and Johnson et al., a case about pharmacy benefit managers and ERISA. They also discuss the newest executive order from the White House, this one on IVF. And in Last Call, well, let's just say JD had an egg-cellent idea.

Happy New Year from the Bar! Just before the holidays, Congress was poised to pass a government funding bill that had some long ranging effects on employer group health plans. That bill didn't make it, but the one that passed still had some tangible effects. JD and Kerri discuss the effects of what Congress did, and what they didn't do. Also, some updates on cases making their way through the courts to keep an eye on in 2025. And in Last Call, a delayed tribute to all those that help us bring this podcast to life. Cheers!

Welcome back to a jam-packed conversation at The Bar! From navigator funding for the ACA to reproductive health care, the election of 2024 will likely have wide ranging effects on employer group health plans. Join us as JD and Kerri break down how high risk pools, Medicaid reform, and even the Comstock Act might be part of the conversation over the next four years. Also, what do the new administration's Cabinet picks mean for health care? And what about prescription drug prices? In Last Call, JD highlights some of the lesser known questions on the ballot.

It's election season at The Bar! We're hanging our red, white and blue bunting and the Uncle Sam hats have never been taller. Join J.D. and Kerri for this important discussion of how the outcome of the 2024 election might affect employer group health plans. And in Last Call, JD salutes the unsung heroes of democracy who make the election happen.

See Kerri's tribute cake here:https://www.linkedin.com/posts/activity-7236313227150708736-BCAL

Welcome back to the Bar, where Kerri and J.D. are having a farewell toast to the administrative law concept of “Chevron deference.” The reversal of this decades-old precedent could have long ranging effects on employer group health plans, so we discuss the implications and what comes next. In Last Call, J.D. pays tribute to the anniversary of the Apollo 11 moon landing.

Summer is in full swing at the Bar, but the courts aren't quite done for the term yet. This month, Kerri and JD cover two cases that will affect employer group health plans. The first is Food and Drug Administration v Alliance for Hippocratic Medicine, where the Supreme Court ruled that mifepristone could remain on the market. Also, we break down a narrow ruling in the appellate court in Braidwood v Becerra, a case about preventative care in the ACA. And in Last Call, JD and Kerri pay tribute to one of the Bar's favorite Canadians and actors, Donald Sutherland.

It's summertime at the Bar, and that means one thing: new regulations! HHS has issued some new HIPAA rules around reproductive healthcare. JD and Kerri break down what's new. Also, there are some new non-discrimination regulations from the ACA around gender identity and sexual orientation. And during last call, JD channels his inner restaurant critic to discuss, what else, the 2024 Olympics.

The Bar is open and back on the road! Join JD and Kerri at the Albuquerque Health Forum, where we kick off election season, and give an update on a handful of issues, including the prospect of new Pharmacy Benefit Manager legislation, mental health parity rules, and healthcare fiduciary lawsuits. There's also an update on ERISA, or as we at the Bar call it, the Full Employment for Benefit Lawyers Act. In Last Call, Kerri has a basketball-related dilemma.

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 start!

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 ActWelcome 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.  

It's summertime at the Bar! Join JD, Kerri, and their special guests—Aon legal consultants Abbey Hendricks and Rachel Arnedt, authors of Aon's “All About Leave” newsletter covering paid family leave, paid sick leave, and the state, municipal and local laws that govern them. How can a company keep up with all the regulations? With All About Leave, of course. And in Last Call, JD pays tribute to a giant of the political punditry world.  

Welcome back to the Bar! In this episode, JD and Kerri tackle the possible ramifications of the leaked Supreme Court draft decision in Dobbs v. Jackson Women's Health Organization. What does it mean for employer health plans if Roe is overturned? What's the impact of multiple state laws on abortion? Are there unintended consequences of expanded travel benefits?  And in Last Call, JD reminds us that Memorial Day is more than just another three day weekend. 

Welcome back to The Bar! After a much needed Spring Break, J.D. and Kerri are back with a jam-packed episode. First up is the Biden Administration's proposed rules fixing the ACA's “family glitch”—will it really help the Brady Bunch get health care coverage?  Our podcasters discuss the House's bill to tame the cost of insulin and its prospects in the Senate, along with the new rules on telehealth.  And in Last Call, J.D. talks about the big hit of the Oscars…no, not that hit, the film that won Best Picture!   

The Bar is open!  Join Kerri and J.D. as they tackle a trio of topics—public exchanges, mental health parity, and single-payer healthcare—that have been under the radar during the pandemic.  And in Last Call, our podcasters hope for warmer weather and the strains of “Take Me Out to the Ballgame” as J.D. addresses the Major League Baseball lockout.  You're always welcome at The Bar!  Additional Information: What is MHPAEA? The Mental Health Parity and Addiction Equity Act (MHPAEA) | CMSRead the report to Congress from DOL, HHS and Treasury: 2022 MHPAEA Report to Congress (dol.gov)

The Bar is open for the New Year!  Join J.D. and Kerri as they discuss the Supreme Court rulings in the OSHA and CMS vaccine mandate cases, as well as what the change in mayoral administrations means for NYC's vaccine mandate and new rules around insurers and at-home COVID tests. And in Last Call, it's back to the Supremes, as JD shouts out the justices for keeping us on our toes on ruling days. You're always welcome at The Bar! 

The Bar is open for the holidays!  But the Sixth Circuit has foiled JD and Kerri's plans for a peaceful end of year wrap-up show.  Join our podcasters as they discuss OSHA's revived vaccine mandate, the Big Apple's only-in-New-York vaccine mandate, and the impact on employers.  And in Last Call, JD and Kerri bid a fond farewell to a friend of The Bar! Happy Holidays from all of us at The Bar!

Welcome back to The Bar! Join Kerri and J.D. as they continue discussing the OSHA ETS mandate in the second of a two-part podcast.  And during Last Call, J.D. asks a pressing question--is there such a thing as too many remote controls? From all of us at The Bar we are wishing you and your loved ones a very happy Thanksgiving !

The Bar is open! On the first episode of this two-part podcast, Kerri and J.D. discuss OSHA's newly announced COVID-19 Emergency Temporary Standard, the deadlines employers need to meet, and the race to the courthouse to debate its legalities. And in Last Call, our podcasters lift their glasses to a municipal achievement in New Jersey! 

The Bar is open!  On this episode, Kerri Willis and J.D. Piro discuss the ins and outs of the Biden Administration's upcoming vaccine mandate—what it will mean for employers, the testing issues, and the impact on employees.  And stay tuned for Last Call, as J.D. Piro shares his license to thrill over the new 007 movie!  You're always welcome at The Bar! 

The Bar is open! Grab your favorite spot next to Kerri Willis and J.D. Piro as they discuss the legal requirements and practical implications of using HIPAA's wellness programs to increase COVID-19 vaccination rates among employees. During Last Call, our podcasters give a shout-out to the U.S. Olympic Women's Team! Take a break from the heat—you're always welcome at The Bar! 

The Bar is open! Join Kerri Willis and J.D. Piro as they celebrate the 4th of July, review California v. Texas (the third episode in the ACA Trilogy) and give their predictions for what employers can expect in the second half of 2021. During Last Call, our podcasters spotlight the re-opening of Broadway with a “thank you” to Bruce Springsteen. You're always welcome at The Bar!

Happy Memorial Day- The Bar is open! Grab your spot next to Kerri and J.D. as they break down the top 10 (out of 86!) most interesting FAQs for employers from the IRS's latest COBRA subsidy guidance.  And stay tuned for Last Call, when our podcasters discuss whether you can win big in New York's vaccine incentive program! Try your luck! You're always welcome at The Bar!    

The Bar is open! But watch out for snakes, hidden traps and COBRAs! Kerri and J.D don their fedoras and explore the Kingdom of the Less-Than-Crystal-Clear COBRA guidance as employers begin notifying COBRA beneficiaries about the ARPA COBRA subsidies. It's the Compliance Adventure of a Lifetime at The Bar! 

The Bar is open!  Pull up a stool next to Kerri and J.D. as they analyze the healthcare provisions of the American Rescue Plan and their impact on employer-provided health and welfare plans—from COBRA subsidies to ACA expansion to dependent care spending accounts. And in Last Call, our podcasters—once again—debate the movie merits of Marvel versus DC! You're always welcome at The Bar! 

The Bar is open!  On this episode of The Bar, Kerri and J.D.  welcome special guest Rachel Arnedt of Aon's Legal Consulting Group.  Pull up a stool as they talk about the COVID-19 vaccine and what steps employers should be taking now that it's here.  You're always welcome at The Bar!   Disclosure:  By hosting this podcast, Aon is providing an opportunity for listeners to obtain general information that may be of interest to your company.   The podcast is designed to provide practical and useful information on the subject matter covered. However, Aon is not engaged in rendering legal advice or services.  If legal advice or other expert assistance is required, the services of a competent professional should be sought. Disclaimer: This information has been provided as an informational resource for Aon clients and business partners. It is intended to provide general guidance on potential exposures and is not intended to provide medical advice or address medical concerns or specific risk circumstances. Due to the dynamic nature of infectious diseases, Aon cannot be held liable for the guidance provided. We strongly encourage visitors to seek additional safety, medical and epidemiologic information from credible sources such as the Centers for Disease Control and Prevention and World Health Organization. As regards insurance coverage questions, whether coverage applies, or a policy will respond, to any risk or circumstance is subject to the specific terms and conditions of the policies and contracts at issue and underwriter determination.While care has been taken in the production of this document and the information contained within it has been obtained from sources that Aon believes to be reliable, Aon does not warrant, represent or guarantee the accuracy, adequacy, completeness or fitness for any purpose of the report or any part of it and can accept no liability for any loss incurred in any way by any person who may rely on it. Any recipient shall be responsible for the use to which it puts this document. This document has been compiled using information available to us up to its date of publication.All descriptions, summaries or highlights of coverage are for general informational purposes only and do not amend, alter or modify the actual terms or conditions of any insurance policy. Coverage is governed only by the terms and conditions of the relevant policy.

Happy New Year and welcome back to The Bar! On this episode of “The Bar on Healthcare”, J.D. and Kerri discuss the health care provisions in the COVID relief bill, including (surprise!) our favorite subject: surprise medical billing. Come on in, your table is ready—The Bar is open!

The Bar is open—for Holiday Hours! Join J.D. and Kerri as they talk turkey about the Supreme Court's oral arguments over the constitutionality of the Affordable Care Act. Will the ACA survive the impending SCOTUS ruling? Pull up a stool as J.D. and Kerri make their predictions—you're always welcome at The Bar!  

In the second half of this special two-part episode of The Bar on Healthcare, J.D. and Kerri discuss the healthcare platforms of President Trump and former Vice President Biden, and how their legislative and regulatory agendas would – if enacted into law – affect employer group health plans in 2021 and beyond. Then, be sure to stick around until Last Call for some presidential debate trivia! 

A lot has happened since your last visit to the Bar so pull up a stool! Join Kerri and J.D. as they discuss the late Justice Ruth Bader Ginsburg's impact on employer group health plans, as well as what Amy Coney Barrett's nomination could mean for the Supreme Court's ACA case. Then tune in later this week for Part 2, which will include a deep dive into the healthcare platforms of the presidential candidates.