September 29, 2020
No items found.

Employer-based Health Insurance on Shaky Ground

In all the other news about the seismic changes that have occurred over the last six months, one that we haven’t written much about directly is health insurance. It has come up tangentially, particularly in relation to our work with the Pregnancy Project, but today we are highlighting it as it relates to the ongoing dire news about employment, or unemployment, here in the US.

According to the New York Times, employer-provided health care schemes are under severe strain and those who have already been laid off have been struggling to shore up the gaps in their coverage, all during a global health crisis.

Writing this Monday, Reed Abelson highlights the various issues workers and the unemployed are facing regarding their health care. When the CARES Act was passed back in March, the best Congress could do was extend COBRA coverage, a difficult and expensive method for many of those out of work. There was also limited money for businesses that have struggled to meet ACA guidelines since the outset, and with federally-mandated universal health coverage a Congressional non-starter at the moment, many workers and employers were left with few options.

Additionally, Abelson notes, health insurance providers and the healthcare industry more broadly have realized record profits since the pandemic began, but have been unforgiving to workers and employers seeking relief. Some employers, such as the owner of a house-cleaning service in Washington D.C. for example, found ways to cobble together the money to keep paying for their workers’ health insurance, but now face mounting debts that must be repaid.

While the ACA has expanded Medicare access over the last 10 years, it remains insufficient for dealing with a problem of this nature and unless Congress mandates debt forgiveness or the insurance company executives find it in their hearts to provide relief for workers and employers, we are facing a significant crisis, particularly as more workers, especially older ones, see their jobs and insurance vanish.

If you live in New York State and have lost your employer health insurance, or are struggling with medical bills, contact Community Health Advocates (888-614-5400). New Yorkers can use this free service to see what health insurance is available for them, and with help negotiating medical bills.

The Berke-Weiss Law Weekly Roundup: While the Outlook Darkens, We Celebrate Some Small Victories

July 31, 2020
No items found.
The clock has essentially wound down on extending assistance for the 30+ million Americans currently on the unemployment rolls. White House officials and Congressional Democrats remain miles apart, with the latter rejecting a temporary extension of the benefits. There are also huge question marks over issues we focus on, particularly child care and employment law, both of which were in the news this week and are the subject of several of the stories we feature

The Week in FFCRA Complaints: Employers Do Not Seem to Understand Mandated Worker Protections

July 31, 2020
Leave
Disability Discrimination
t is starting to seem, from our perspective, that either employers have not been made sufficiently aware of the leave entitled to workers under the FFCRA or that they are willing to risk a lawsuit for wrongful termination.

With the HEALS Act the Fight over Pandemic Lawsuits Takes Center Stage

July 30, 2020
No items found.
Earlier this week, Senate GOP leadership introduced their $1 trillion opening response to the $3 trillion Congressional HEROES Act, originally proposed in May. As we have noted, the signal demand coming from Mitch McConnell’s office is liability protection (the “L” in HEALS) for businesses and health care organizations. Translated, McConnell wants to prevent workers from suing employers if they contract coronavirus at work. And the GOP appears firm that without consensus on this issue, there will be no new stimulus.

Get In Touch

Knowing where to turn in legal matters can make a big difference. Contact our employment lawyers to determine if we can help you.