July 11, 2012

From The Chicago Daily Law Bulletin by Pat Milhizer

June 28, 2012

(The article is for paid subscribers only but here is an excerpt quoting Polsinelli Shughart attorneys Janice Anderson and William Sweeney).

By upholding the anchor President Barack Obama's health care reform package that requires most uninsured Americans to buy coverage or pay a penalty, the Supreme Court essentially stepped out of this year's presidential elections.

Many hospitals began to implement changes because starting October 1, the federal government will base a portion of a hospital's Medicaid payments on reaching certain performance goals.

"If the court struck down the individual mandate or if they struck down the whole law, it would be very hard to unring the bell," said Janice A. Anderson.

Anderson's law firm colleague William P. Sweeney, expects many traditional health care plans to continue.

"Employers still value the ability to sponsor a plan for their employees and have a role in that process," Sweeney said. "It's a big incentive and an incentive device to attract employees."

About Janice Anderson

 Janice A. Anderson has over 25 years' experience focusing on health regulatory and compliance issues and more than 30 years' experience working in the health care industry. Ms. Anderson's practice focuses on corporate health care and transactional law, including mergers and acquisitions, hospital/physician and other joint ventures, physician relationships and contracting. She has advised her clients in the development of health care business structures to achieve strategic goals and has specific expertise in structuring hospital/physician alignment strategies to improve the quality and cost effectiveness of care. She is skilled in the vast array of legal/regulatory issues arising in health care transactions such as certificate of need, licensure, tax-exempt status, reimbursement, etc.

About William Sweeney

William P. Sweeney is a member of the Employee Benefits and Executive Compensation practice group. Mr. Sweeney has a broad-based, comprehensive practice which involves all areas of employee benefits law. He advises public, private, and tax-exempt employers on the design, implementation, and administration of all types of welfare plans and tax-qualified retirement plans (including defined benefit, 401(k), 403(b) and 457(b)). Mr. Sweeney has substantial experience working with multiemployer benefit funds, representing clients before the IRS and U.S. Department of Labor with respect to employee benefit plan audits and voluntary correction procedure filings, and drafting and negotiating terms of merger and acquisition agreements. Mr. Sweeney also has extensive experience counseling clients and conducting training on ERISA fiduciary compliance, COBRA, and HIPAA.