September 29, 2020
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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.

School Reopening Leaves Parents, Teachers, Administrators, and Politicians Conflicted

July 10, 2020
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As we edge into the dog days of summer, we’re also creeping toward fall classes, and the only thing people are sure of is they’re not sure about sending their kids back to school. And in the backdrop of massive virus spikes in the South and West, come renewed calls to make a decision on whether schools should open in the fall.

Berke-Weiss Law Weekly Roundup

July 6, 2020
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Here in New York, the governors of the tri-state area have formalized a quarantine for visitors from the hardest hit states while also mooting any chance of indoor dining in the foreseeable future, which mounting research indicates is a significant source of potential infectio

The Week in FFCRA Complaints

July 1, 2020
Pregnancy Discrimination
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Overall, we are beginning to see some patterns in the thematic nature of the complaints. Specifically, plaintiffs seem to be those whose employment has been terminated either after expressing concerns about workplace health and safety (e.g. improper distancing, lack of PPE, and not enforcing CDC-recommended quarantine procedures) and parents whose employment has been terminated because they were unable to locate appropriate childcare or family care.

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