Download or read book Federal Preemption of State and Local Law written by James T. O'Reilly and published by American Bar Association. This book was released on 2006 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preemption is a doctrine of American constitutional law, under which states and local governments are deprived of their power to act in a given area, whether or not the state or local law, rule or action is in direct conflict with federal law. This book covers not only the basics of preemption but also focuses on such topics as federal mechanisms for agency preemption, implied forms of preemption, and defensive use of federal preemption in civil litigation.

Download or read book Preemption Choice written by William W. Buzbee and published by Cambridge University Press. This book was released on 2008-12-15 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the theory, law, and reality of preemption choice. The Constitution's federalist structures protect states' sovereignty but also create a powerful federal government that can preempt and thereby displace the authority of state and local governments and courts to respond to a social challenge. Despite this preemptive power, Congress and agencies have seldom preempted state power. Instead, they typically have embraced concurrent, overlapping power. Recent legislative, agency, and court actions, however, reveal an aggressive use of federal preemption, sometimes even preempting more protective state law. Preemption choice fundamentally involves issues of institutional choice and regulatory design: should federal actors displace or work in conjunction with other legal institutions? This book moves logically through each preemption choice step, ranging from underlying theory to constitutional history, to preemption doctrine, to assessment of when preemptive regimes make sense and when state regulation and common law should retain latitude for dynamism and innovation.

Download or read book MEWAs multiple employer welfare arrangements under the Employee Retirement Income Security Act ERISA written by and published by . This book was released on 2003 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Employment and Health Benefits written by Institute of Medicine and published by National Academies Press. This book was released on 1993-02-01 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States is unique among economically advanced nations in its reliance on employers to provide health benefits voluntarily for workers and their families. Although it is well known that this system fails to reach millions of these individuals as well as others who have no connection to the work place, the system has other weaknesses. It also has many advantages. Because most proposals for health care reform assume some continued role for employers, this book makes an important contribution by describing the strength and limitations of the current system of employment-based health benefits. It provides the data and analysis needed to understand the historical, social, and economic dynamics that have shaped present-day arrangements and outlines what might be done to overcome some of the access, value, and equity problems associated with current employer, insurer, and government policies and practices. Health insurance terminology is often perplexing, and this volume defines essential concepts clearly and carefully. Using an array of primary sources, it provides a store of information on who is covered for what services at what costs, on how programs vary by employer size and industry, and on what governments doâ€"and do not doâ€"to oversee employment-based health programs. A case study adapted from real organizations' experiences illustrates some of the practical challenges in designing, managing, and revising benefit programs. The sometimes unintended and unwanted consequences of employer practices for workers and health care providers are explored. Understanding the concepts of risk, biased risk selection, and risk segmentation is fundamental to sound health care reform. This volume thoroughly examines these key concepts and how they complicate efforts to achieve efficiency and equity in health coverage and health care. With health care reform at the forefront of public attention, this volume will be important to policymakers and regulators, employee benefit managers and other executives, trade associations, and decisionmakers in the health insurance industry, as well as analysts, researchers, and students of health policy.

Download or read book QDROs written by and published by . This book was released on 1997 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Handy Reference Guide to the Fair Labor Standards Act Federal Wage hour Law written by United States. Wage and Hour and Public Contracts Divisions and published by . This book was released on 1963 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Health Insurance Portability and Accountability Act of 1996 written by United States. Congress and published by . This book was released on 1996 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Handbook on ERISA Litigation written by James F. Jorden and published by Aspen Publishers Online. This book was released on 2006-12-19 with total page 1151 pages. Available in PDF, EPUB and Kindle. Book excerpt: Handbook on ERISA Litigation cuts through complicated statutory provisions andtells you which ERISA claims are recognized by which courts and how tolitigate them.

Download or read book Federalism written by David L. Shapiro and published by Northwestern University Press. This book was released on 1995-07-19 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: David Shapiro explores the virtues and defects of federalism as it has developed in this country from a variety of perspectives that include historical, constitutional, economic, social, and political considerations. Using the dialectical form adopted by advocates trying a case before a court, Shapiro not only examines the strongest arguments on the two principal sides of the issue but also probes the potential value of the dialectical process itself.

Download or read book Monthly Catalogue United States Public Documents written by and published by . This book was released on 1994 with total page 1284 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book United States Congressional Serial Set Catalog written by and published by . This book was released on 1988 with total page 688 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Monthly Catalog of United States Government Publications written by and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Congressional Record Index written by and published by . This book was released on 1992 with total page 1384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes history of bills and resolutions.

Download or read book The Law of Health Care Finance and Regulation written by Mark A. Hall and published by Aspen Publishing. This book was released on 2024-09-15 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of Health Care Finance and Regulation, Fifth Edition is based on Part III, “Institutions, Providers, and the State,” from Health Care Law and Ethics, Tenth Edition, and adds additional coverage of a variety of issues that have shaped health care finance law. Integrating public health and financial and ethical issues, this casebook uses compelling case law, clear notes, and comprehensive background information to illuminate the complex and dynamic field of health care law. New to the Fifth Edition: Recent challenges to the Affordable Care Act Growth of Medicare Advantage Medicaid work requirements Private equity investment in health services Medical price transparency Vertical integration and cross-market mergers Benefits for instructors and students: Based on material in Part III, “Institutions, Providers, and the State,” from the popular parent book, along with coverage of duty to treat, hospital liability, managed care liability, and regulating access to drugs. Includes cases and material not found in the parent book on: Universal coverage and foreign health care systems Economic and regulatory theory Judicial and administrative review of Medicare decisions Certificate of need laws Monopolization claims Antitrust immunity Integrates public health and ethics issues and features clear notes that provide context, smooth transitions between cases, and background information. Provides additional discussion problems not found in the main volume. Website, www.health-law.org, provides background materials, updates of important events, additional relevant topics, and links to other resources on the Internet.

Download or read book Clearinghouse Review written by and published by . This book was released on 1993 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Comprehensive Health Insurance Legislation Including H R 3205 the Health Insurance Coverage and Cost Containment Act of 1991 written by United States. Congress. House. Committee on Ways and Means and published by . This book was released on 1992 with total page 676 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book ERISA A Comprehensive Guide 5th Edition written by Ferenczy, Cohen and published by Wolters Kluwer. This book was released on 2019-12-10 with total page 1310 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Fifth Edition of ERISA: A Comprehensive Guide provides a thorough and authoritative analysis of the principal statutory provisions of the Employee Retirement Income Security Act of 1974 (ERISA) and the corresponding provisions of the Internal Revenue Code (Code) dealing with employee benefits. It also discusses and explains the multitude of regulations, rulings, and interpretations issued by the Department of the Treasury, the Internal Revenue Service, the Department of Labor, and the Pension Benefit Guaranty Corporation in explanation of ERISA; the Code provisions relating to the requirements for tax-qualified retirement plans; and the subsequent legislation amending or supplementing ERISA and such Code provisions. Cited by the Supreme Court, ERISA: A Comprehensive Guide discusses and explains the multitude of regulations, rulings, and interpretations issued by the Department of the Treasury, the Internal Revenue Service, the Department of Labor, and the Pension Benefit Guaranty Corporation in explanation of ERISA and the subsequent legislation amending or supplementing ERISA. ERISA: A Comprehensive Guide has been updated to include: Description of the student loan program 2018 Private Letter Ruling and the resolution of this with the "anti-conditioning" rule. Analysis of the latest version of the EPCRS, which is available for tax-qualified retirement plans with certain compliance failures, as set forth in IRS Revenue Procedure 2019-19, including an update to the IRS user fees that apply to the various correction programs. Discussion of the new self-correction options for participant loan failures, certain non-amender failures, and beneficial retroactive amendments to increase participant's benefits. Description of IRS VCAP, its uses, limitations, and procedural requirements. Description of IRS Revenue Procedure 2015-32 for correction of delinquent Forms 5500-EZ. Analysis of the DOL's guidance on the definition of an "Employer" for ERISA purposes and subsequent Court rulings eviscerating that guidance. Discussion of health plans use of "cross-plan offsetting" as a way of adjusting for overpayments. Discussion of the new DOL regulations governing review and appeal procedures for disability claims. Complete revision of the mergers and acquisitions chapter, including best practice, common pitfalls, a sample merger agreement, merger checklist, and spin-off agreement. Update on 2018 and 2019 court cases that impact labor relations, as well as actions taken by the current administration that overturn prior policies and decisions. Discussion of the most recent actions impacting ACA and litigation surrounding those actions. Discussion of recent court cases regarding discrimination on the basis of gender and sexual orientation. Discussion of ongoing litigation regarding "conscience-based objections" to a provision in the ACA requiring employers to provide no-cost birth control coverage to employees. Description of changes in Fair Labor Standard Act interpretations regarding wages, determination of independent contractor status, and regular rate.