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[Guidance Overview]
"The Act sets forth a detailed procedural process for providers and payors to elect to arbitrate out-of-network payment disputes, delineating: [1] the arbitration style; [2] much of the criteria for arbitrators to consider; [3] cost shifting to the losing party; [4] how cases may be batched for arbitration; and [5] public reporting of arbitration outcomes."
K&L Gates
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"The District Court concluded that the plaintiff's failure to identify a concrete and particularized injury that was fairly traceable to any alleged defect in the COBRA notice deprived plaintiff of standing to sue." [Carter v. Southwest Airlines Co. Bd. of Trustees, No. 20-1381 (M.D. Fla. Dec. 14, 2020)]
Holland & Knight
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"[The court] held that USERRA requires employers to provide short-term paid military leave, if they provide paid leave for comparable non-military absences, such as for jury duty or bereavement leave.... The potential impact of [this] decision on employers with large reservist workforces is significant, as the denial of paid leave is a prime candidate for class action treatment." [White v. United Airlines, Inc., No. 19-2546 (7th Cir. Feb. 3, 2021)]
Akin Gump
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"The court did not find a pattern of antagonism ... The court found that DuPont had stated a legitimate, nondiscriminatory reason for surveilling Snyder, noting that several employees had cast doubt on her disability leave[.]" [Snyder v. E.I. DuPont de Nemours, Inc. and Company, No. 18-1266 (D. Del. Feb. 5, 2021)]
Ogletree Deakins
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"[F]irm offer of a high-deductible plan leads to a 13.7% ($5.23) reduction in average enrollee spending on low-value outpatient services and a 5.2% ($105.77) reduction in overall outpatient spending.... [O]ffering high-deductible plans disproportionately reduces low-value spending relative to overall spending, indicating that deductibles may be a way to incentivize value-based decision making."
RAND Corporation
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"Switching to a CDHP was associated with a $231.60 reduction in annual outpatient spending; however, no significant reductions were observed in annual spending on the 26 low-value services or on these low-value services relative to overall outpatient spending ... CDHPs in their current form may represent too blunt an instrument to specifically curtail low-value healthcare spending."
RAND Corporation
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"The letter is unlikely to have a substantive impact on the Court's decision ... Briefing has long been complete, and oral argument was held three months ago ... The ACA was well defended by a coalition of Democratic attorneys general ... Even so, the Biden administration clearly felt it was important to make its position known to the Court." [California v. Texas, No. 19-840; Texas v. California, No. 19-1019 (cert. pet. granted Mar. 2, 2020; oral arg. Nov. 10, 2020)]
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