Jacob Mattinson

Jacob Mattinson

McDermott Will & Emery

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Second Circuit Applies Stricter Rules for a Plan Administrator’s Noncompliance with Benefit Claims Regulations

In Depth - On April 12, 2016, the US Court of Appeals for the Second Circuit in Halo v. Yale Health Plan, 2016 WL 1426291 (2d Cir. Apr. 12, 2016), addressed various issues that could arise during a plan administrator’s...more

5/21/2016 - Administrative Review Appeals Burden of Proof Civil Monetary Penalty Claim Procedures Corporate Counsel De Novo Standard of Review Denial of Benefits DOL Employee Benefits ERISA Plan Administrators Standard of Review

New FAQs Address Implementation of the Affordable Care Act, Mental Health Parity and Addiction Equity Act, and the Women’s Health...

In Depth - The US Departments of Labor (DOL), Health and Human Services (HHS) and Treasury (collectively, the Departments) published frequently asked questions (FAQs) on April 20, 2016, clarifying the implementation of...more

5/7/2016 - Affordable Care Act Clinical Trials Cost-Sharing DOL Employer Group Health Plans HHS Mental Health Parity Rule MHPAEA Popular Rescission U.S. Treasury

IRS Announces Limits for Health Savings Accounts and High-Deductible Health Plans for 2017

In Depth - Recently the Internal Revenue Service (IRS) announced (see Revenue Procedure 2016-28) cost-of-living adjustments to the applicable dollar limits for health savings accounts (HSAs) and high-deductible health...more

5/3/2016 - Benefit Plan Sponsors Cost-of-Living Adjustment (COLA) Deductibles HDHP Health Savings Accounts IRS

IRS Guidance on Employee Benefits Implications of Supreme Court Obergefell Decision on Same-Sex Marriage

The Internal Revenue Service (IRS) recently issued Notice 2015-86, which provides some additional clarification, in the form of questions and answers, on the treatment of same-sex spouses under tax-qualified retirement plans...more

1/26/2016 - Cafeteria Plans DOMA Employee Benefits IRS Obergefell v. Hodges Same-Sex Marriage SCOTUS Spouses US v Windsor

IRS Announces Reduced VCP Compliance Fees

The Internal Revenue Service (IRS) has announced new general compliance fees for voluntary correction program (VCP) submissions under the Employee Plans Compliance Resolution System (EPCRS), effective February 1, 2016. EPCRS...more

1/22/2016 - EPCRS IRS Retirement Plan Revenue Procedure 2016-8 Voluntary Correction Program

IRS Announces Employee Benefit Plan Limits for 2016

Recently the Internal Revenue Service (IRS) and the Social Security Administration announced the cost-of-living adjustments to the applicable dollar limits on various employer-sponsored retirement and welfare plans and the...more

10/23/2015 - Benefit Plan Sponsors COLA Cost-of-Living Employee Benefits Health and Welfare Plans Health Plan Sponsors IRS Retirement Plan Social Security Administration (SSA) Summary Plan Description

Seventh Circuit Finds that State Insurance Law Applies, Resulting in De Novo Review of Benefit Claim

On September 4, 2015, the U.S. Court of Appeals for the Seventh Circuit ruled in Fontaine v. Metropolitan Life Insurance Company that the Employee Retirement Income Security Act of 1974, as amended (ERISA), does not preempt...more

9/16/2015 - Arbitrary and Capricious De Novo Standard of Review Denial of Benefits Disability Insurance ERISA Health Insurance MetLife Plan Administrators Preemption Standard of Review

Employee Benefits Implications of Supreme Court Decision on Same-Sex Marriage

On June 26, 2015, in Obergefell v. Hodges, the Supreme Court of the United States determined that it is unconstitutional for a state to ban same-sex couples from exercising the fundamental right to marry. As a result of this...more

7/1/2015 - Domestic Partnership Employee Benefits Employer Group Health Plans Health and Welfare Plans Health Insurance Marriage Marriage Equality Obergefell v. Hodges Popular Same-Sex Marriage SCOTUS

Supreme Court Rejects Latest Challenge to Affordable Care Act: What Are Employers' Obligations Going Forward?

On June 25, 2015, the Supreme Court of the United States upheld one of the main pillars of the Affordable Care Act (ACA): the tax credits that allow millions of Americans to afford health care insurance on the public...more

6/29/2015 - Affordable Care Act Corporate Counsel Employer Group Health Plans Employer Mandates Health Insurance Health Insurance Exchanges King v Burwell Public Health Insurance Marketplace State Health Insurance Exchanges Subsidies Tax Credits

DOL Final Rule Prohibiting Discrimination against LGBT Individuals in Government Contracting Effective April 2015

On December 3, 2014, the Department of Labor (DOL) issued a final rule prohibiting federal contractors from discriminating on the basis of sexual orientation and gender identity. The final rule implements Executive Order (EO)...more

5/13/2015 - DOL Employer Liability Issues Executive Orders Federal Contractors Final Rules Gender Discrimination Gender Identity LGBT Sexual Orientation Discrimination

EEOC Issues Guidance on Employer Provided Wellness Programs

The Equal Employment Opportunity Commission (EEOC) has released long-awaited proposed guidance (the proposed rule) relating to employer wellness programs. The proposed rule amends regulations implementing Title I of the...more

4/22/2015 - ADA Affordable Care Act DOL EEOC GINA Health Insurance Healthcare Proposed Regulation Wellness Programs

DOL Extends FMLA Spousal Leave Rights to Same-Sex Spouses in All States

On February 23, 2015, the U.S. Department of Labor (DOL) Wage and Hour Division published its final rule regarding the definition of “spouse” under the Family and Medical Leave Act (FMLA). Specifically, the rule recognizes...more

3/4/2015 - DOL DOMA Employee Rights Final Rules FMLA Same-Sex Marriage US v Windsor

IRS Publishes Final Forms and Instructions on Information Reporting Under the Affordable Care Act

The Internal Revenue Service (IRS) published final forms and instructions addressing information reporting requirements applicable to employers and insurers under Internal Revenue Code Sections 6055 and 6056. The reporting...more

2/13/2015 - Affordable Care Act Employer Group Health Plans Employer Mandates Health Insurance Insurance Industry IRS Minimum Essential Coverage Reporting Requirements Self-Insured Health Plans

Supreme Court to Review Same-Sex Marriage Cases

The Supreme Court of the United States announced on January 16, 2015, that it would review four cases challenging the constitutionality of state laws banning same-sex marriage in Kentucky, Michigan, Ohio and Tennessee. The...more

2/4/2015 - DOMA Human Resources Professionals Same-Sex Marriage SCOTUS US v Windsor

IRS Announces Employee Benefit Plan Limits for 2015

Recently the Internal Revenue Service (IRS) and the Social Security Administration announced the cost-of-living adjustments to the applicable dollar limits on various employer-sponsored retirement and welfare plans and the...more

10/28/2014 - COLA Cost-of-Living Deferred Compensation Employee Benefits IRS Retirement Plan

Employer Shared Responsibility Payments and Reporting Requirements Under the Affordable Care Act: Code Sections 6055 and 6056

Employer Shared Responsibility Penalties - There are two types of employer shared responsibility payments, also known as pay or play penalties, under the Affordable Care Act (ACA). The first penalty under Internal...more

9/15/2014 - Affordable Care Act Compliance Healthcare Healthcare Reform Penalties Reporting Requirements

HHS Guidance Clarifies that Insurance Companies Must Make Available Health Insurance Coverage for Same-Sex Spouses

On March 14, 2014, the Department of Health and Human Services (HHS) Centers for Medicare & Medicaid Services (CMS) released guidance clarifying the final regulations implementing Section 2702 of the Public Health Service Act...more

4/2/2014 - CMS Healthcare HHS Marriage PHSA Same-Sex Marriage

Final Regulations Issued Regarding Employer Shared Responsibility Under the ACA

Recently issued final regulations on the employer pay-or-play rules under the Affordable Care Act (ACA) clarify the requirement that employers provide health coverage to full-time employees and their dependents, or pay a...more

2/19/2014 - Affordable Care Act Employee Benefits Employer Mandates Healthcare Pay or Play Shared Responsibility Rule

View From McDermott: Employer Pay-or-Play Mandates Under Health-Care Reform

This fall, open enrollment is well underway for individuals and small employers under the state and federally facilitated marketplace exchanges created by the Affordable Care Act. As exchange coverage becomes available,...more

1/15/2014

New FAQs Released Regarding Implementation of the Affordable Care Act and Mental Health Parity

Recent guidance clarifies important issues under the Affordable Care Act, including mental health parity requirements; coverage of preventive care services; cost-sharing requirements; and out-of-pocket maximums, wellness...more

1/15/2014 - Affordable Care Act Healthcare Healthcare Reform Indemnity Insurance Mental Health Mental Health Parity Rule MHPAEA Preventive Health Care

Same-Sex Marriage in Illinois

With same-sex marriages to begin in the state of Illinois next year, employers should expect an increase in requests for spousal benefit coverage from employees who have legally married their same-sex partners. The new law...more

11/12/2013 - DOMA Employee Benefits Marriage Same-Sex Marriage SCOTUS US v Windsor

IP Update, Vol. 16, No. 10, October 2013

No Case or Controversy in DJ Against Patentee Who Sued Manufacturer’s Customers: Cisco Systems, Inc. v. Alberta Telecommunications Research Center - In a non-precedential opinion addressing declaratory judgment...more

11/1/2013 - Cisco Claim Construction Copyright FRAND Offsets Patent Infringement Patent Litigation Patent-Eligible Subject Matter Patents Telecommunications Trademark Policing Trademarks

New California Law Affects State Taxation of Employer Tax Gross-Ups for Domestic Partners

The California state legislature recently enacted a law that may affect the taxation of benefits an employer provides to same-sex domestic partners in the state. California AB 362 excludes from gross income for California...more

10/30/2013 - DOMA Domestic Partnership Income Taxes Same-Sex Marriage SCOTUS State Taxes Tax Benefits US v Windsor

IRS Issues Proposed Regulations on Information Reporting under the Affordable Care Act

Recently issued guidance clarifies annual information reporting requirements for insurers and employers under the Affordable Care Act (ACA). The required reporting enables the Internal Revenue Service to determine compliance...more

9/12/2013 - Affordable Care Act Compliance Employer Mandates IRS Proposed Regulation Reporting Requirements Shared Responsibility Rule Tax Credits

Two Federal Courts Recognize Same-Sex Spousal Rights for Residents of States Not Permitting Same-Sex Marriage

Obergefell v. Kasich and Cozen O’Connor v. Tobits may reflect a growing trend of courts and other bodies to recognize same-sex marriages validly celebrated elsewhere even if the couple’s current state of residence does not...more

8/2/2013 - Death Benefits DOMA Employee Benefits ERISA Residency Requirements Same-Sex Marriage SCOTUS Surviving Spouse

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