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.

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

July 30, 2020
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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.

The Week in FFCRA Cases Includes a Class Action Suit against the USDA

July 24, 2020
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Four cases came across the wire this week and we have chosen to highlight them all. One case is the first class action lawsuit filed under the FFCRA and concerns potentially millions of people seeking SNAP aid. The three other suits that were filed this week follow a familiar line for anyone who has been reading our updates. People are getting sick or have family members getting sick and are then denied their right to paid leave and are terminated.

The Berke-Weiss Law Weekly Roundup, PUA Running Out, Why It Took So Long to Recognize the Child Care Crisis, and New Workers Councils

July 24, 2020
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This week marks a significant juncture for the US as Pandemic Unemployment Assistance is scheduled to end next week, schools are considering how to safely serve students, and workplaces continue to grapple with safety concerns.

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