||Current Legal Issues Archive
Legal Ease by Scott Sinder
This is the future of the healthcare debate, no matter who wins
the White House or controls Congress.
Progress and the NAIC in the same breath? Say it ain’t
so! Think small (very small) progress.
Form and Substance
New ERISA compensation rules require full disclosure regardless
of the form of compensation.
The Real Mandate
Roberts’ ruling puts Medicaid on the table. What will
that do to Obamacare?
The states and the federal government are at odds over health
insurance exchanges. Some are trying to bury the hatchet while
others conjure conspiracy theories.
Fee Fi Fo Fum!
New initiatives could have giant carriers collecting broker
fees, but beware the regulatory perils.
Brave Small World
As technology continues to shrink, insurance concerns grow
Be sure your firm doesn't lose its balance in the New York
A Barrel of Monkeys
Constant membership shifts at the NAIC can’t make
uniformity of action any easier.
There are known knowns in healthcare reform and known unknowns.
As we approach reform deadlines, how much does the federal
government really know? That is the great unknown.
Only state regulators could complicate an effort to simplify
the regulation of surplus lines.
Strange New World
Association health plans will still have a life after reform,
but in what form?
Free at last? Only if you empower us to make it so.
Carrier Living Wills
So you think they are too big to fail? New rules should make
you think again.
The NAIC’s indecisive dance on surplus lines again delays
states from acting. Doing nothing really does something—a
lot of state regulators are likely to be angry at the outcome.
Working with Regulators
What you need to know to deal with your state regulators.
The Rough Writers
A year after passage, the government is just gearing up for the
arduous task of writing the rules for Obamacare.
Here to Stay
Beware of your firm’s social media usage. Whatever you
put on it, someone will have a copy. And litigators love that.
Keep your business from touching Iran’s market or face
tough U.S. and EU sanctions.
Federal emergency preparedness programs may reduce insurance
premiums and potential liability, and give everyone greater
peace of mind.
Moving quickly to implement surplus lines reform is nothing
short of a miracle for the NAIC
Surplus lines brokers will no longer fight with 52 different
regulators to achieve some sanity with regulation. Now they can
deal with a single state regulator.
Cash for Claimants
Qualified plan retirees between ages 55 and 64 are now eligible
for free federal cash for claims—until it runs out.
Young and Old
When it comes to healthcare reform, it pays to be grandfathered
and it pays to be under 26 and on your parent’s group
Constitutional challenges to healthcare reform will fail
because Congress has both the right to regulate interstate
commerce and to tax those who refuse to pay.
Washington’s moves on healthcare will push states to act,
one way or the other.
IRS proposes new disclosure rules, wants to expose risky tax
While you were monitoring healthcare reform, the bureaucracy
was quietly going about its business. ID theft, financial
privacy and health privacy changes could affect you.
New rules make disclosure of compensation and client
information a very risky business.
The NAIC supports commission to preempt state insurance
Get your shop in order now, or new federal rules might let a
union organize it against your will.
As some regulators push for uniformity, they’re thwarted
by attitudes of “I don’t care what the rest of you
are doing; we do it best in my state, and I’m not
Think you, as an officer or director are covered in a
bankruptcy? Think again. The devil is in the details of the
After 170 opinion letters, the New York Department of Insurance
issues a circular that negates them all and finally makes sense
of anti-rebating laws.
Change comes glacially to the NAIC. But with the world on the
move, change is coming.
What if AIG actually failed? What happens then?
The new administration’s health care ideas have both good
and bad for our industry. We just don’t know what we are
up against yet.
Look out. We are now the target. Where Congress perceives a gap
in regulation, it will fill that void.
Inquiring minds want to know what the New York Insurance
Department means when it talks of contract certainty and how it
is certain the idea will work.
NAIC and Congress posture but do not panic as world’s
largest carrier is derailed by its financial products unit.
Before the Fall
Regulators spent the summer confusing the issues as well as
Regulatory conflicts between big and small firms mean
transparency is the only option.
No More Blinders
The NAIC begins to acknowledge federal action is inevitable,
and they want a seat at the table.
Wellness programs may cut employer health insurance costs, but
navigating discrimination rules has its costs, too.
Wheel of Misfortune
The NAIC continues to run in place, although there are signs it
may step off its treadmill on occasion.
Complicit or Compliant?
Implement a compliance program that is more than just words on
paper--or pay a hefty price.
Think you’ve covered your international business bets if
you comply with money laundering and export control laws? Think
again. Don’t get bit by economic sanctions. That’s
one bite that really hurts.
Progress is Progress
Sometimes even the NAIC can take small steps forward.
The NAIC’s failure to deliver on uniform licensing may be
violating federal law.
Is It a Bribe?
Can you buy a foreign government official dinner, or does the
U.S. government consider that a bribe? Do your homework before
you pick up that dinner tab.
For the NAIC, this is fast. But there actually was a
change—or two. Federal pressure is starting to mount.
If we draft a producer licensing manual to address inequities
in state laws and procedures, maybe we can push regulators to
actually act on something
Electronic Black Hole
No There There
Everybody Wants In
Full Leader's Edge Archive. Previously published articles, listed by subject below.