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A Controversy Is Born: Payment for Contraceptive Benefits Under PPACA



Tuesday, May 22, 2012
Product Code - LGN27
Speaker(s): Andrew L. Oringer, Ropes & Gray LLP; Harvey D. Cotton, Ropes & Gray LLP; Lyle S. Swallow, Blue Shield of California (retired)
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The faculty for this program will address the Patient Protection and Affordable Care Act (PPACA) mandate that health plan coverage include first-dollar coverage for preventive health services, including contraceptive services, for employees at no cost.

Some of the current issues that will be discussed are how women employed by self-insured religious-affiliated employers will get access to these products and services; whether any particular state's insurance laws will permit an insurer to offer a health plan that does not cover contraceptives and sterilization and to offer a separate plan limited to contraception and sterilization and, if not, whether federal regulators are nevertheless authorized to require insurers to do so; and how the rule will work in states where some form of contraceptive coverage is already mandated by state law.

Catch up on the relevant litigation to date and what may happen next regarding this controversial issue as you seek to inform and advise your clients who may be wrestling with the myriad issues stemming from this mandate.

Educational Objectives:

• Understand what the PPACA requires by this mandate.

• Learn about the Department of Health and Human Services (HHS) rules, and the reaction to those rules:
o What was the original recommendation regarding women's health, including contraception and sterilization?
o What was the original conscience exception?
o What was the compromise?
o The Blunt Amendment

Program Level: Intermediate

Andrew L. Oringer, Ropes & Gray LLP; Harvey D. Cotton, Ropes & Gray LLP; Lyle S. Swallow, Blue Shield of California (retired)

Andrew L. Oringer, Ropes & Gray LLP
Andrew Oringer is a partner at Ropes & Gray LLP, leading the firm's ERISA and Executive Compensation practices in New York, and is an Adjunct Professor teaching ERISA at Hofstra University School of Law and a Fellow of The American College of Employee Benefits Counsel. He is co-Chair of the Employee Benefits Committee of the Tax Section of the New York State Bar Association and a member of the Tax Section's Executive Committee, and Chair of the Fiduciary Responsibility/Plan Investments Sub-Committee of the Employee Benefits Committee of the American Bar Association's Section of Taxation. He is also a member of the Advisory Boards of the Bloomberg BNA Pension & Benefits Reporter and the Bloomberg BNA Tax Management Compensation Planning Journal. Mr. Oringer is highly rated in various rankings of attorneys, and has been included several times in a widely disseminated list of New York City’s Top 100 lawyers across all practice area.

Mr. Oringer earned a J.D., with distinction, from Hofstra University School of Law, where he was Associate Editor of the Hofstra Law Review; an MBA from Adelphi University; and an A.B, cum laude, from Duke University.

Harvey D. Cotton, Ropes & Gray LLP
Harvey Cotton is a principal in the Ropes & Gray LLP Benefits Consulting Group in Boston and an attorney in the firm's employee benefits practice. He advises tax-exempt and public company clients on health and welfare benefit matters, including compliance with ERISA, HIPAA, COBRA and with federal and state health care reform laws. Mr. Cotton has written, spoken, and commented on PPACA’s impact on employer-sponsored group health plans.

Mr. Cotton earned a Ph.D. from Northeastern University; a J.D. from Boston University School of Law, and an A.B. from Columbia University.

Lyle S. Swallow, former Associate General Counsel at Blue Shield of California(retired)
Lyle Swallow recently retired as Associate General Counsel for Blue Shield of California, having been a lawyer with the health plan for 16 years. He had overall responsibilities for legal issues relating to health plan operations including customer contracts, regulatory compliance and health care issues and provided legal assistance to the plan’s government relations staff. Prior to joining Blue Shield, Mr. Swallow was Associate Vice President, Legal Services, for Health Net. He earned a Bachelor of Science degree from the University of Southern California and attended Whittier College School of Law, from which he graduated magna cum laude.

Mr. Swallow practiced health care law for more than 30 years, both in private practice and as in-house counsel, with almost exclusive emphasis in corporate law, regulation and litigation for managed care entities. He participated on a number of state and federal regulatory committees and actively worked with health care government relations staff on legislation in Sacramento and in Washington.

This program is CLE-credit eligible.

If you have further questions regarding a specific state or how to file for CLE credit, please contact Bloomberg BNA customer service at 800-372-1033 and ask to speak to the Legal and Business CLE Accreditation Coordinator.

Hardship Policy
Bloomberg BNA offers a hardship policy for any attorney earning less than $30,000 per year. If an attorney wishes to take advantage of this option, he or she must do so in writing and also provide proof of hardship. If approval is granted, a discount of 50% off the full registration price of the program will be awarded.

Questions
For more information about Mandatory or Minimum Continuing Legal Education (MCLE) requirements, visit the American Bar Association website at http://www.abanet.org/cle/mandatory.html.