RULE PROTECTING RETIREMENT INVESTMENTS SURVIVES COURT CHALLENGES.

Posted on by Mary Pat Gallagher

UPDATE: Since this article was posted, District Judge Crabtree in the Kansas case followed the lead of Judge Lynn on February 17, granting summary judgment for the Department of Labor and denying a cross motion by  plaintiff Market Synergy Group, which sought to block the rule.


Just days after Donald Trump took steps to derail a rule meant to protect retirement investments, a federal court decision has bolstered hopes for its survival.

The regulation, known as the fiduciary rule, was adopted by the Department of Labor (DOL) last April and took effect in June 2016. Compliance was to start on April 10 of this year, with some aspects of the rule not set to kick in until 2018.

The rule requires financial advisers to act in the best interest of the clients who pay them for their professional advice and prohibits them from recommending or selling inferior or more costly investments that will garner them higher commissions.

Continue reading RULE PROTECTING RETIREMENT INVESTMENTS SURVIVES COURT CHALLENGES.

ATTEMPT TO OVERRIDE EQUAL PAY LAW VETO THWARTED FOR NOW

Posted on by Mary Pat Gallagher

An attempt to pass a law that would require equal pay for women in New Jersey was thwarted on January 23 when it became apparent that sponsors did not have the votes to override Governor Chris Christie’s veto of the same bill last May.

The effort came three days after the Trump inauguration, two days after millions of women marched against him and the same day that Trump re-instated the Reagan-era global gag rule – the prohibition on U.S. funding for international organizations that provide information about abortion, even if none of the American dollars go to pay for abortions.

The New Jersey legislation, S-992, would be a state version of the federal Lilly Ledbetter Fair Pay Act, the first legislation signed into law by President Barack Obama, on January 29, 2009, about a week after he took office.

Continue reading ATTEMPT TO OVERRIDE EQUAL PAY LAW VETO THWARTED FOR NOW

CHRIST CHRISTIE URGED TO PROTECT HEALTH CARE

Posted on by Mary Pat Gallagher

An op-ed piece by Raymond Castro, a senior policy analyst with NJ Policy Perspective, explains why Governor Chris Christie should speak out against repeal of the Affordable Care Act.

Christie’s “most important legacy as Governor” was taking advantage of the ACA to expand Medicaid to cover more than half a million low-income New Jerseyans, but that legacy would be lost with repeal.

Further, repeal would undermine the major behavioral-health and substance-use disorder initiative Christie announced at his State of the State address on January 13, which relies on Medicaid funding.

Continue reading CHRIST CHRISTIE URGED TO PROTECT HEALTH CARE

NEW HEARING IN CHRISTIE CRIMINAL CASE, ECHOES OF BARLYN SUIT

Posted on by Mary Pat Gallagher

The criminal case against Governor Chris Christie over the Bridgegate lane-closing scandal met with a setback on January 12 when a state judge sent it back down to municipal court for a new hearing on probable cause.

Bergen County Assignment Judge Bonnie Mizdol vacated the probable cause determination made last October by Roy McGeady, the county’s Presiding Municipal Judge, on the ground that Christie was denied his constitutional right to counsel.

Continue reading NEW HEARING IN CHRISTIE CRIMINAL CASE, ECHOES OF BARLYN SUIT

NJ LEGISLATURE CALLS ON CONGRESS TO PRESERVE THE AFFORDABLE CARE ACT

Posted on by Mary Pat Gallagher

Despite the human and fiscal harm that would result from repeal, Republicans have pronounced it a priority and on January 4, the Senate took an initial step toward that goal, approving a budget resolution that would clear the way for such legislation. The House is expected to follow suit next week.

In its last frenzied voting session before the end-of-year break, the New Jersey Legislature passed a resolution that calls on Congress not to repeal the Affordable Care Act, or ACA, also commonly referred to as Obamacare. The complete text of Assembly Concurrent Resolution 222 can be found here.

Continue reading NJ LEGISLATURE CALLS ON CONGRESS TO PRESERVE THE AFFORDABLE CARE ACT

WHY IS THE PORT AUTHORITY SO SCREWED UP?

Posted on by Mary Pat Gallagher

It is hard to believe now but in the decades following its creation in 1921, the Port Authority of New York and New Jersey was considered a prime example of an effective and efficient public agency that truly operated in the public interest.

That reputation has been sullied in recent years and not just by the Bridgegate lane-closing scandal and the ensuing criminal convictions of some of those involved. There is also former Port Authority chairman David Samson, who was convicted of misusing his position to shake down United Airlines so that it would reinstate direct flights from Newark to his weekend home. On a broader scale are revelations of how New Jersey Governor Chris Christie used the agency’s resources to reward political allies, while tolls at Port Authority crossings and fares hikes on PATH trains have been repeatedly hiked.

Continue reading WHY IS THE PORT AUTHORITY SO SCREWED UP?

NEW JERSEY JUSTICES ASKED TO HEAR LANDMARK VOTER REGISTRATION CASE

Posted on by Mary Pat Gallagher

UPDATE: Since this article was written, the New Jersey Supreme Court has denied an appeal, leaving the issue for the Legislature to address.

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Permitting Election Day Registration for Voters

In a test case with nation-wide implications, the New Jersey Supreme Court is being asked to decide whether it is constitutional to require voters to register prior to Election Day now that electronic voter databases have made it much easier and faster to determine eligibility.

The plaintiffs in Rutgers Student Assembly v. Middlesex County Board of Elections seek to convince the Court to strike down the New Jersey law requiring that voters to  register at least 21 days before an election.

Continue reading NEW JERSEY JUSTICES ASKED TO HEAR LANDMARK VOTER REGISTRATION CASE

COURT ORDER DO-OVER ON PINELANDS PIPELINE APPROVAL

Posted on by Mary Pat Gallagher

A lot of attention has been focused on the Dakota Access Pipeline, which would carry crude oil across four western states, damaging the environment and disturbing Native American historical and cultural sites.

Similar battles over proposed pipelines are taking place right here in New Jersey and recent developments will at least delay two of those projects and hopefully allow for more public input on their impact.

Continue reading COURT ORDER DO-OVER ON PINELANDS PIPELINE APPROVAL

LEGISLATION TARGETS $1 BILLION SURPRISE MEDICAL BILL PROBLEM

Posted on by Mary Pat Gallagher

Surprise medical bills for out-of-network health care cost New Jersey residents nearly $1 billion per year, according to a report released last June by New Jersey Policy Perspective.

An estimated 168,000 people in the state receive out-of-network (OON) bills totaling $420 million per year but the actual cost is much higher because OON charges drive up the cost of the health insurance premiums paid by roughly 5 million New Jerseyans, for an estimated total cost of $956 million.

Continue reading LEGISLATION TARGETS $1 BILLION SURPRISE MEDICAL BILL PROBLEM

How will sale of Saint Michael’s Hospital transform healthcare in Newark?

Posted on by Myles Zhang

Written by Andrew Kitchenman

The answer lies with the Christie administration and which of several competing options it decides to pursue

Governor Chris Christie’s administration has put off for nearly three years deciding what it should do about the future of healthcare in Newark. But the scheduled sale of the bankrupt Saint Michael’s Medical Center, one of five Newark hospitals, should force a decision.

The outcome of the sale will likely help shape the quality of healthcare that Newark residents receive, according to industry attorneys and analysts. It could also affect the financial stability of all of the city’s hospitals.

State involvement in hospital bankruptcies normally is limited to issues related to operating licenses. But not in this case, for three reasons:

First, the New Jersey Health Care Facilities Financing Authority, which is chaired by Acting Commissioner of Health Cathleen Bennett, issued tax-exempt bonds for Saint Michael’s that currently total roughly $230 million.

Second, the state also owns another troubled Newark facility — University Hospital, which is facing millions of dollars in annual operating losses for the foreseeable future.

Third, if the state allows the sale of Saint Michael’s it should get a short-term financial shot in the arm. But if were to decide to take over the facility, it could realize a greater payback over a longer period.

Continue reading How will sale of Saint Michael’s Hospital transform healthcare in Newark?