On June 24, 2022, the Supreme Court issued its decision in Dobbs v. Jackson Women’s Health Organization, overturning Roe v. Wade, the 1973 ruling that protected a woman’s right to have an abortion. In Dobbs, the Supreme Court...more
6/30/2022
/ Abortion ,
Americans with Disabilities Act (ADA) ,
Dobbs v. Jackson Women’s Health Organization ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employee Rights ,
Employer Group Health Plans ,
Employment Policies ,
Family and Medical Leave Act (FMLA) ,
Free Speech ,
Health Insurance ,
Healthcare ,
NLRA ,
Patient Access ,
Pregnancy ,
Pregnancy Discrimination Act (PDA) ,
Reproductive Healthcare Issues ,
Roe v Wade ,
SCOTUS ,
Sex Discrimination ,
Title VII
On March 11, 2020, President Biden signed into law the American Rescue Plan Act (“ARPA”). The ARPA mandated several important changes for both employers and employees. One of these is potentially significant for both: full...more
On March 11, 2021, President Biden signed into the law the American Rescue Plan Act (“ARPA”) containing $1.9 trillion in financial stimulus. Though not highly publicized, the ARPA provides important relief related to plan...more
The Consolidated Omnibus Budget Reconciliation Act (“COBRA”) became law on April 7, 1986. For most of its nearly 35-year history, litigation involving COBRA has been relatively quiet. Most COBRA claims are tag-alongs, added...more
Spotlight -
Wrongfully Convicted of Murder, Tennessee Board of Parole Recommends Adam Braseel to be Exonerated -
On June 24, 2020, The Tennessee Board of Parole voted unanimously to recommend that Gov. Bill Lee...more
7/24/2020
/ 401k ,
Contraceptive Coverage Mandate ,
Coronavirus/COVID-19 ,
Criminal Convictions ,
Department of Labor (DOL) ,
Employee Benefits ,
Employer Group Health Plans ,
Exonerate ,
Immigration Procedures ,
Legislative Agendas ,
Little Sisters of the Poor Saints Peter and Paul Home v Pennsylvania ,
Loan Forgiveness ,
Paycheck Protection Program (PPP) ,
Personal Protective Equipment ,
Private Equity ,
Religious Exemption ,
SCOTUS ,
Trump Administration ,
Work Visas
This week, the Supreme Court ruled that employers may exclude coverage for birth control from their health plans based upon moral or religious objections to contraception.
...more
7/10/2020
/ Administrative Authority ,
Administrative Procedure Act ,
Affordable Care Act ,
Appeals ,
Contraceptive Coverage Mandate ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Employer Group Health Plans ,
Employer Mandates ,
Employer Rights ,
HRSA ,
Injunctive Relief ,
Little Sisters of the Poor Saints Peter and Paul Home v Pennsylvania ,
Religious Exemption ,
Religious Freedom Restoration Act (RFRA) ,
Reversal ,
SCOTUS ,
Trump v Pennsylvania ,
U.S. Treasury
Most blog entries focus on new developments or recent legislation. This one’s a bit different. Its subject matter, fiduciary responsibility, is as old as ERISA itself. In today’s environment of increased litigation risks for...more
2/26/2020
/ Asset Diversification ,
Benefit Plan Sponsors ,
Breach of Duty ,
Duty of Loyalty ,
Duty of Prudence ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Investment Adviser ,
Investment Management ,
Investors ,
Plan Documents ,
Retirement Plan
On June 13, the Departments of Labor, Treasury and Health and Human Services jointly released final regulations dealing with health reimbursement accounts (“HRAs”). These regulations fulfill the Trump administration’s...more
7/11/2019
/ Affordable Care Act ,
COBRA ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
Final Rules ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
HRA ,
IRS ,
Medicare ,
Public Health Service Act ,
Qualified Small Employer Health Reimbursement Plan (QSEHRAs) ,
TRICARE ,
U.S. Treasury
Employers face a constant struggle to attract and retain quality employees. This is especially true in a strong economy where jobs are plentiful and the demand for well-qualified workers is high. Historically, employer...more
All employers who are subject to the Fair Labor Standards Act are supposed to provide a Notice by October 1, 2013 to all employees informing them about health insurance available through the Marketplace/Exchange. The DOL...more
On July 2 the Obama administration announced a one year delay in the implementation of the Affordable Care Act's employer mandate ("pay or play") to January 1, 2015....more
The Patient Centered Outcome Research Institute was created under the Affordable Care Act to "promote the use of evidence-based medicine by disseminating comparative clinical effectiveness research findings." The Institute is...more
With all of the attention garnered by healthcare reform, it would be easy to overlook the new HIPAA rules (the "Rules") applicable to covered entities under HIPAA, which include employer group health plans. Compliance with...more
On January 17, 2013, the Department of Health and Human Services (“HHS”) released its long awaited final HIPAA rule, which significantly expands certain obligations for healthcare providers and their business associates (the...more
2/5/2013
/ Business Associates ,
Compliance ,
Data Breach ,
Decedent Protection ,
Enforcement ,
Fundraisers ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HITECH Act ,
Immunization Records ,
Marketing ,
Notice Requirements ,
Patient Rights ,
PHI ,
Privacy Policy ,
Privacy Rule ,
Subcontractors ,
Third-Party