Media Mentions
2011
“Fight Over ACA Not Over”
Modern Healthcare, February 7, 2011
Amy Gordon used the phrase “universally hated” for the health reform law’s provision that all businesses must file a Form 1099 with the IRS for vendors paid at least $600. The Senate recently voted to repeal the provision, which Ms. Gordon said businesses had feared would drive up fees for third-party administrators required to prepare many more 1099s.
Amy M. Gordon, Employee Benefits, Health Care Law Reform
2010
“Health Care Costs Could Swell with Former Contract Workers”
Los Angeles Daily Journal, December 17, 2010
Amy Gordon explained that because the health care reform act’s provision for employers to extend health benefits to independent contractors and temporary workers does not take effect until 2014, its immediate impact will be limited. “I don’t think it’s going to be an issue until the pay-or-play rules come into play,” Ms. Gordon said. “There’s nothing now for 2011 that would require an employer to expand its definition of an employee.”
Amy M. Gordon, Employee Benefits, Health Care Law Reform
“Time for a Great Debit Card Awakening?”
Health Data Management, October 21, 2010
Amy Gordon believes health care reform has slowed the use of and demand for debit cards that charge medical expenses to flexible spending accounts (FSAs). “The stagnation of growth might be due to the health care reform legislation's elimination of health flexible spending accounts use of over-the-counter reimbursement,” she said. “As of 2013, it's going to cap health flexible spending accounts at $2,500. In addition, effective 2011, over-the-counter drugs cannot be reimbursed from an FSA without a prescription. That's a blow to [FSAs].”
Amy M. Gordon, Health Care Law Reform
“Preparing for HITECH and HIPAA Compliance”
Healthcare Informatics, October 2010
Amy Gordon, in an extensive online interview, assessed the HIPAA privacy implications of new HHS regulations implementing the HITECH Act. “The whole intent of HITECH in general, was really to say, who is responsible for what, and who has to do what, and to delineate the responsibilities and the liabilities with having … protected health information,” she explained. Ms. Gordon noted that “one of the things that HITECH did was that it raised the responsibility of a business associate almost to that of a covered entity, [b]ecause now, business associates are responsible for having their own policies and procedures [to protect health information]. They never had to do that before.”
Amy M. Gordon, Employee Benefits, Health Care Law Reform, HIPAA
“Health Care Reform: Grandfathered Health Plan Regulations”
Business & Legal Reports, September 23, 2010
Amy Gordon was featured in a review of the health care reform law's reinsurance program to reimburse employers with retiree health care coverage for part of large claims filed by early retirees. Employers must apply to participate, and, Ms. Gordon said, "The first step is to get your application approved. Once that's done, you can start submitting claims." She cautioned about program funding, saying "There are some very large employers out there with retiree medical programs; this money will run out." Ms. Gordon also discussed the law's subsidy to employers that keep retiree prescription drug coverage, but that subsidy runs out in 2013 and, she added, "Some employers cannot eliminate the coverage, depending on the promises they made to the employees/retirees and on the plan provisions." Click here to view the full article.
Amy M. Gordon, Employee Benefits
2009
Amy Gordon spoke to CFO.com (July 14) regarding a little-known provision in the Emergency Economic Stabilization Act of 2008, which as of January 2010 will require many employers to change their health plans to ensure equality between physical and mental health benefits. Ms. Gordon noted that “there are many plans that cap mental health and substance abuse [treatment] visits,” and that many other plans “do not provide access to out-of-network providers, although they do on the medical and surgical side …” She added that many employers “are really concerned that there will be no limits on out-of-network visits, which can make it hard to keep a handle on costs. Noting that plan equality may lead more people to seek mental health care, Ms. Gordon concluded that “it’s hard to quantify the impact of the change because there are so many unknowns.”
Amy M. Gordon, Employee Benefits
Lisa Linsky was quoted in an April 24 story in Echelon Magazine about McDermott's successful pro bono effort, in conjunction with Lambda Legal, to reverse the Social Security Administration's denial of insurance benefits to the children of a disabled gay father who had fulfilled all prerequisites for the benefits. Noting that a number of McDermott Trial and Employee Benefits lawyers had participated in the effort as part of the Firm's commitment to pro bono and diversity, Ms. Linsky said that the Social Security Administration's reversal "validated fundamental principles of law and public policy," and that it "confirms the rights of all parents and children, regardless of the parents' sexual orientation." Other McDermott lawyers on the team included Amy Gordon, Elizabeth Philpott and Todd Solomon.
Amy M. Gordon, Lisa A. Linsky, Elizabeth P. Philpott, Todd A. Solomon, Employee Benefits, Pro Bono & Community Service, Trial
2008
Lisa A. Linsky was quoted in the June 27 issue of the New York Law Journal in an article regarding a suit against the federal government on behalf of Gary Day, a disabled gay father whose requests for financial assistance for his two children have been repeatedly ignored. Ms. Linsky, Todd A. Solomon, Amy M. Gordon, Daniel A. Mullen and Robin L. Zimmerly have teamed with Lambda Legal to represent Mr. Day in the case. Ms. Linsky noted that Mr. Day and his children "meet all the requirements that the agency needs to provide benefits" and that the Social Security Administration's delayed response "is unwarranted and prejudicial" and "constitutes blatant discrimination."
Amy M. Gordon, Lisa A. Linsky, Todd A. Solomon, Trial
Amy Gordon was quoted in the April 21 issue of Business Insurance in an article about how companies that have been using financial incentives or other inducements as part of their wellness programs must reconsider those incentives in light of recent federal guidelines clarifying what constitutes health-related discrimination in employee benefit plans. "Just satisfying HIPAA is not enough. There are a lot of other legal responsibilities,'' said Ms. Gordon.
Amy M. Gordon, Employee Benefits, Health and Welfare Benefit Plans, HIPAA
2005
Amy Gordon was quoted in the February issue of CFO Magazine in regard to company wellness programs and how it relates to employee and health privacy issues. "With the Health Insurance Portability and Accountability Act bona fide wellness program guidance still in proposed form, there have currently been no published cases focusing on discrimination issues with regard to employer-sponsored workplace wellness programs," commented Ms. Gordon. She continued by saying these cases could take years to show up in the court system.
