NEWS RELEASE

June 12, 2012
PR-12/11
For additional information:
Jason Hammersla
202-289-6700
202-422-4652 (cell)

Priority Employer Concerns: Forthcoming U.S. Supreme Court Decision on Patient Protection and Affordable Care Act

Possible Scenarios Raise Different Issues Requiring Immediate Clarification

WASHINGTON, DC — The U.S. Supreme Court is expected to issue its ruling on the cases related to the Patient Protection and Affordable Care Act (PPACA) before the current Court Term concludes at the end of June. Accordingly, the American Benefits Council has prepared a document that sets forth a number of issues that need to be addressed by the Executive branch regulatory agencies or Congress following the Court’s action.

Depending on how the Court resolves one of the most central issues under consideration, the individual mandate, numerous issues could arise or will need to be clarified for employer-sponsored health coverage. In particular, if the individual mandate is found unconstitutional and some or all of the remaining portions of the law are struck down, there are many questions for which employer sponsors will need immediate clarity and assurances. The Council’s document outlines the most pressing of these concerns.

To arrange an interview with a member of the Council staff before or after the Court's decision, please contact Jason Hammersla, director of communications, at jhammersla@abcstaff.org, or by phone at (202) 289-6700 (office) or (202) 422-4652 (cell).

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The American Benefits Council is the national trade association for companies concerned about federal legislation and regulations affecting all aspects of the employee benefits system. The Council's members represent the entire spectrum of the private employee benefits community and either sponsor directly or administer retirement and health plans covering more than 100 million Americans.

Health

Health Care Reform (PPACA), General & Misc. Items

Taxation of Health Benefits

Consumer-Directed Plans (HSAs/FSAs/HRAs)

Health Information Technology & HIPAA Privacy

Health Plan Administration

Miscellaneous Health

COBRA

ERISA Preemption

Genetic Non-Discrimination

Medicare

Mental Health Parity

Retiree Health/ERRP

Retirement

Defined Contribution/ 401(k) Plan Reform

  • Automatic Enrollment
  • Investments
  • Plan fees
  • Taxation of Retirement Plans/Limits

Defined Benefit Plans & PBGC

  • Funding Reform
  • PBGC Deficit & Premiums

Hybrid Plans

Financial Reform/Swaps

  • Business Conduct Standards

Investment Advice

Retirement Plan Administration

Miscellaneous Retirement

Retiree Health

Savings Initiatives/IRAs

Social Security

Other Issues

Tax Reform, Deficit Reduction & Federal Budget

International Issues

  • FACTA Issues
  • FBAR Issues
  • Puerto Rico Plans

Electronic Disclosure

Executive Compensation

  • Non-Qualified Deferred Compensation
  • Code Section 409(A), 457(A), 162(m) issues
  • Say-on-Pay

Fiduciary Issues

Flexible Workforce/
Worker Classification

Miscellaneous Issues

Disaster Relief

Stock-Based Compensation