In our January 2022 update, we discussed new federal requirements that group health plans should pay close attention to in 2022. The sponsor of a self-funded plan will need to work closely with its legal counsel, benefits...more
3/15/2022
/ Compliance ,
Consolidated Appropriations Act (CAA) ,
Contract Terms ,
Cyber Incident Reporting ,
Cybersecurity ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Employer Group Health Plans ,
Enforcement ,
Health Plan Sponsors ,
Procurement Guidelines ,
Reporting Requirements ,
Self-Funded Health Plans
New cybersecurity developments and observations, including those relating to U.S. Department of Labor's (DOL) review of cybersecurity issues, warrant prompt consideration by plan sponsors and other fiduciaries of employee...more
2/2/2022
/ Benefit Plan Sponsors ,
Cybersecurity ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary ,
Health and Welfare Plans ,
Liability Insurance ,
Plan Participants ,
Privacy Policy ,
Retirement Plan
There are many new and expanding legal requirements for group health plans and issuers of group health plan coverage to pay attention to this year. Many of these requirements were enacted as part of the Consolidated...more
1/20/2022
/ Consolidated Appropriations Act (CAA) ,
Continuity of Care ,
Coronavirus/COVID-19 ,
Cost-Sharing ,
Department of Labor (DOL) ,
Health Plan Sponsors ,
Mental Health Parity Rule ,
Prescription Drugs ,
Surprise Medical Bills ,
Transitional Care Management ,
Virus Testing
The U.S. Department of Labor (DOL) published a proposed regulation on October 14, 2021, that would clarify how fiduciaries of private sector employee benefit plans should apply ERISA’s fiduciary duties of prudence and loyalty...more
10/29/2021
/ Biden Administration ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Environmental Social & Governance (ESG) ,
Executive Orders ,
Fiduciary Duty ,
Investment ,
Investment Management ,
Proposed Regulation ,
Proxy Voting ,
Public Comment ,
Regulatory Oversight ,
Shareholder Rights
On April 14, 2021, the U.S. Department of Labor (DOL) released three-part guidance on cybersecurity issues for employee benefit plans, marking its first significant commentary on the issue since its comprehensive but...more
4/22/2021
/ Audits ,
Benefit Plan Sponsors ,
Cybersecurity ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
New Guidance ,
Popular ,
Retirement Plan ,
Risk Assessment ,
Third-Party Service Provider
President Donald Trump signed into law the Consolidated Appropriations Act, 2021 (the Omnibus Bill) on December 27, 2020. The Omnibus Bill has received a great deal of media coverage due to its massive size (nearly 6,000...more
12/31/2020
/ Cafeteria Plans ,
CARES Act ,
Consolidated Appropriations Act (CAA) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employee Benefits ,
Employer Group Health Plans ,
Employer Liability Issues ,
Health and Welfare Plans ,
IRS ,
New Legislation ,
Retirement Plan ,
Student Loans ,
Trump Administration
Employee benefits professionals have faced many challenges in 2020. We have seen remarkable changes to state and local requirements, an onslaught of new benefits legislation and governmental policies, shifting reporting and...more
12/10/2020
/ Benefit Plan Sponsors ,
CARES Act ,
Coronavirus/COVID-19 ,
Cybersecurity ,
Deferred Compensation ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Final Rules ,
Investment Funds ,
IRS ,
Power of Attorney ,
Publicly-Traded Companies ,
Retirement Plan ,
Safe Harbors ,
SECURE Act ,
State and Local Government ,
Tax Cuts and Jobs Act
The U.S. Department of Labor (DOL) has issued a final rule establishing a new “safe harbor” method for satisfying ERISA and DOL’s requirements for electronic distribution of certain ERISA-governed retirement plan documents....more
Many employers have sought to leverage or make changes to their employer-sponsored benefits to address economic and health-related burdens faced by their employees during the COVID-19 pandemic. Until now, however, employers...more
5/22/2020
/ Cafeteria Plans ,
Carryover Basis ,
Coronavirus/COVID-19 ,
Dependent Care Assistance Program (DCAP) ,
Employee Benefits ,
Flexible Spending Accounts ,
FSA ,
Internal Revenue Code (IRC) ,
IRS ,
New Guidance ,
Popular
The U.S. Department of Labor (DOL) issued revised model general and election notices on Friday, May 1, 2020. The notices can be used by plan administrators to address the notification requirements imposed by the Consolidated...more
Many employee benefit plan sponsors, administrators, and fiduciaries have been asking about regulatory relief in response to administrative challenges created by the COVID-19 pandemic. Most recently, the U.S. Departments of...more
5/5/2020
/ Benefit Plan Sponsors ,
CARES Act ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
EBSA ,
Economic Injury Disaster Loans ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Extensions ,
U.S. Treasury
As federal and state governments struggle to address future healthcare regulation, demand for healthcare that is cheaper, better and faster continues to surge. Every day, new healthcare apps are being developed to respond...more
5/19/2017
/ App Developers ,
Business Associates ,
Covered Entities ,
Data Protection ,
Digital Health ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Medical Records ,
Mobile Health Apps ,
Personally Identifiable Information ,
PHI ,
Popular
The U.S. Department of Health and Human Services (HHS) recently announced yet another HIPAA privacy and security settlement involving Protected Health Information (PHI) on a stolen laptop. Although this might be seen as just...more
5/6/2017
/ Business Associates ,
Covered Entities ,
Department of Health and Human Services (HHS) ,
Encryption ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Breach ,
Laptop Computers ,
Mobile Devices ,
PHI ,
Settlement ,
Theft
Are you an Applicable Large Employer (ALE) that has received rejected Forms 1095-C from the IRS? If so, you are not alone. ...more
As deliberations over a replacement of the Affordable Care Act (ACA) continue in the U.S. House of Representatives, the fate of the ACA’s Cost-Sharing Reduction subsidies (CSRs) may be at stake. Under the ACA, Marketplace...more
On the last day before the U.S. Congress began its spring recess, the U.S. House of Representatives amended the now consolidated bill H.R. 1628, known as the American Health Care Act (the AHCA). We previously discussed the...more
Although the fate of the Affordable Care Act remains undecided, enforcement of the HIPAA privacy and security regulations by the Office for Civil Rights (OCR) of the U.S. Department of Health and Human Services is ongoing,...more
4/8/2017
/ Business Associates ,
Civil Monetary Penalty ,
Covered Entities ,
Data Breach ,
Data Security ,
Department of Health and Human Services (HHS) ,
Enforcement Actions ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Privacy Rule ,
OCR ,
Patient Privacy Rights ,
PHI ,
Settlement
The much-anticipated vote by the U.S. House of Representatives on the “American Health Care Act,” also known as “AHCA” or the “Obamacare replacement bill,” was cancelled last week, leaving many to ask “what now?” As noted in...more
3/29/2017
/ Affordable Care Act ,
Employee Retirement Income Security Act (ERISA) ,
Employer Mandates ,
Health Insurance ,
Healthcare Reform ,
Individual Mandate ,
Large Employer ,
Proposed Legislation ,
Repeal ,
Reporting Requirements ,
Tax Credits ,
Trump Administration ,
Wellness Programs
The U. S. House of Representatives (the House) proposed two bills to “repeal and replace Obamacare” last week, and while many popular consumer protections under the Patient Protection and Affordable Care Act (ACA) look to be...more
3/13/2017
/ Affordable Care Act ,
Cadillac Tax ,
Employee Benefits ,
Employer Mandates ,
Flexible Spending Accounts ,
Health Insurance ,
Health Savings Accounts ,
Healthcare Reform ,
Individual Mandate ,
Medicaid ,
Proposed Legislation ,
Repeal ,
Tax Credits ,
Trump Administration
With the filing of a class action complaint in late 2016 in the U.S. District Court for the Southern District of Florida, Wal-Mart Stores, Inc. became the latest large company accused of failing to provide adequate notices as...more
1/19/2017
/ Class Action ,
COBRA ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Employee Benefits ,
Employer Group Health Plans ,
Fines ,
Health Insurance ,
Healthcare ,
IRS ,
Notice Requirements ,
Retailers ,
Wal-Mart
In response to the Supreme Court decision in United States v. Windsor, 133 S. Ct. 2675 (2013), the Internal Revenue Service issued Revenue Ruling 2013-17 (Ruling) on August 29, 2013, in which the IRS set forth the following...more