Its entirely politically incorrect in 2015, and rightfully so, to ever equate litigation (or football, or anything else) to war, but that doesn’t change the fact that there are historical lessons to be learned from military history and wonderful allusions and metaphors to be drawn from it. See, for instance, my early article on excessive
Health Insurance
The Intersection of the ACA, ERISA Litigation and Insurance Coverage
By Stephen Rosenberg on
Posted in Health Insurance
For those of you who have a professional or personal interest in the ACA, litigation arising from it and insurance coverage for litigation it is likely to spawn, I am speaking on a webinar this afternoon that covers those subjects. If you are interested in listening in (and/or amusing yourself by asking complex questions that will…
How to Look Smart About McCutchen and Heimeshoff Without Really Trying
I have often joked that, to seem intelligent at social events, a person really just has to have two things handy – the first, a Noam Chomsky reference, and the second, a Shakespeare quote, preferably from a lesser play. If you are good, you can find a way to fit one or the other into…
An Employer’s Guide to Health Reform
By Stephen Rosenberg on
I expect to be litigating, down the road, issues, complications and conundrums created by health care reform. Let’s be honest – its impossible to imagine any large structural undertaking not generating problems, including unforeseen ones, that will have to be resolved by the courts. For now, though, the issue is more one of planning for…
A Parable About the Cable Man
By Stephen Rosenberg on
For reasons too obscure and uninteresting to mention, I have had almost nothing to do with the cable tv industry since, well, it was invented. What’s a DVR, anyway, and why would I want one? But yesterday, I had to obtain digital cable from my local cable company, and called them, braced to be gouged.
Preemption, the Supreme Court, and Job Losses
By Stephen Rosenberg on
I had two disparate items that I wanted to post on, one of which I didn’t really think had anything to do with the subject matters of this blog but that, nonetheless, was too cool a graphic not to pass on. Sitting here this morning, though, I figured out how to hook them together, so…
What Goes Up Just Keeps Going Up – Health Costs and Employer Mandates
By Stephen Rosenberg on
For a long while, I have felt like a lone voice or (to mix my metaphors) at least the skunk at the garden party, when I have criticized employer mandates and, even more so, the Massachusetts Health Care Reform Act. As I have frequently discussed in various posts, the problem with these statutes is that…
On Preemption of Pay or Play Acts and the Supreme Court
By Stephen Rosenberg on
File this, I suppose, in the department of inevitable events – lawyers representing the restaurant industry have filed to have the Supreme Court review the Ninth Circuit ruling finding that the San Francisco pay or play ordinance is not preempted by ERISA. This is one of those instances where you can bet how the case…
The Massachusetts Health Care Reform Act as a National Model . . .
By Stephen Rosenberg on
Maybe of what not to do.
I couldn’t let this go by without noting it – he has a Nobel after all and I, well, I have a sixth man award from a high school basketball team. Paul Krugman on health care reform:
Without an effective public option, the Obama health care reform will
…
The Massachusetts Health Care Reform Act: Demonstrating that ERISA Preemption is Health Care Reform’s Best Friend
By Stephen Rosenberg on
Well, I have argued more than once on these electronic pages that ERISA preemption, rather than being the whipping boy of choice for people who advocate state level health insurance mandates, should be understood as a key element in bringing about any type of effective change to the health insurance system. Why is that? Because…