News & Analysis as of

Consolidated Omnibus Budget Reconciliation Act Employer Group Health Plans Employer Liability Issues

Bradley Arant Boult Cummings LLP

The End of the COVID-19 Public Health Emergency: Federal Agencies Clarify Coverage Implications for Group Health Plans

With the COVID-19 Public Health Emergency (PHE) set to end on May 11, 2023, the Department of Labor, Department of the Treasury, and Department of Health and Human Services (the “departments”) have published FAQs explaining...more

Faegre Drinker Biddle & Reath LLP

COVID-19 National Emergency Plan Deadline Extensions Set to End This Summer

On January 30, 2023, President Biden announced the Administration’s plan to extend the current declarations of the COVID-19 national emergency and public health emergency (PHE) through May 11, 2023, and end both emergencies...more

Sheppard Mullin Richter & Hampton LLP

ARPA COBRA Subsidy Expiration Notice Due by September 15

The American Rescue Plan Act (“ARPA”) requires the full cost of COBRA premiums to be subsidized for COBRA continuation coverage during the period from April 1, 2021 through September 30, 2021 (“Subsidy Period”) of certain...more

Bradley Arant Boult Cummings LLP

IRS Guidance Clarifies “Involuntary Termination” for the COBRA Subsidy

In Notice 2021-31, the Internal Revenue Service (IRS) provides broad guidance in a question-and-answer format on the application of the American Rescue Plan Act of 2021 (ARP) regarding premium assistance under the...more

Brownstein Hyatt Farber Schreck

What Is An Involuntary Termination Or Reduction In Hours For ARPA COBRA Premium Assistance?

One of the first questions that must be addressed in order to determine whether an individual is eligible for the temporary 100% subsidy for COBRA health care continuation coverage (including under state mini-COBRA statutes)...more

Carlton Fields

COBRA Deadlines and Proofs of Mailing in Carter v. Southwest Airlines Co. Board of Trustees

Carlton Fields on

Carlton Fields tax attorney Lowell Walters explains what we can learn about a recent case in which a former employee claimed to be owed benefits, and provides suggestions on how companies can protect themselves. The video...more

Verrill

Identifying Plan Assets in ERISA Health & Welfare Plans

Verrill on

Last month, we advised readers of this blog to consider efforts to formalize the fiduciary governance of their health and welfare benefit plans. In that post, we described some of the reasons that employers have historically...more

Verrill

Employers Required to Give Free COBRA Coverage to be Offset by Medicare Tax Credits

Verrill on

Among other things, the American Rescue Plan Act of 2021 (“ARPA”), signed into law on March 11, 2021, provides “assistance eligible individuals” (“AEIs”) who lose their health insurance coverage under an employer’s group...more

Poyner Spruill LLP

Plan Administrators: (Re)Start Your Timers: Deadlines Extended by COVID Have One-Year Limit

Poyner Spruill LLP on

Notice 2021-01 recently issued by the Employee Benefits Security Administration, provides helpful clarification on relief from certain participant deadlines issued last year.  However, it also provides “suggestions” that plan...more

Faegre Drinker Biddle & Reath LLP

Employers Must Provide COBRA Subsidies to Assistance Eligible Individuals

The American Rescue Plan Act of 2021 (ARPA), which was signed into law by President Biden on March 11, 2021, includes COBRA subsidy provisions that are significant – both for the individuals who will become eligible for COBRA...more

McDermott Will & Emery

DOL Issues Clarification for ERISA-Governed Group Health Plans

Two days before the one-year anniversary of the official start of the COVID-19 outbreak, the US Department of Labor (DOL) issued a last-minute notice clarifying its prior guidance that relaxed the deadlines for the Employee...more

Bradley Arant Boult Cummings LLP

Top 20 Takeaways from Notice 2021-15 for Employers with Cafeteria Plans

In Notice 2021-15, the IRS provides many answers to questions regarding the temporary special rules introduced as part of the Consolidated Appropriations Act, 2021 (CAA) for health flexible spending accounts (health FSAs) and...more

Brownstein Hyatt Farber Schreck

COBRA-Related Litigation Trend: Advanced Preparation Is the Anti-Venom

Over the past two years, there has been a steady uptick of class action litigation alledging deficiencies in the notices that employers are required to provide under the Consolidated Omnibus Budget Reconciliation Act of 1985,...more

Perkins Coie

Variable Hour Employee Benefits Eligibility under COVID-19

Perkins Coie on

Are Employees Receiving a Lavish Gift This Holiday Season or an Unintended Lump of Coal in Their Stockings? COVID-19 has forced many employers to make unanticipated changes to their workforce, with many retailers rolling...more

Fisher Phillips

Comprehensive FAQs For Employers On Hurricanes And Other Workplace Disasters

Fisher Phillips on

This article addresses many employment-related issues facing employers in the wake of hurricane-related disasters; consequently, in addition to federal laws, we also focus on certain state laws, especially those in the areas...more

Tucker Arensberg, P.C.

COBRA Challenges During COVID-19 Pandemic

Violating COBRA can be expensive with penalties of up to $110 per day per violation. COBRA compliance has become more challenging with COBRA deadlines being extended during the COVID-19 pandemic....more

Carlton Fields

COBRA: Avoid Getting Snakebit! (Notice Update, Deadline Update, Litigation Update)

Carlton Fields on

Carlton Fields tax attorney Lowell Walters talks about the increase in COBRA litigation, new COBRA requirements that could make it worse, and simple steps group health plan sponsors can take to protect themselves....more

Verrill

Paying Health Insurance Premiums for Furloughed or Laid Off Employees

Verrill on

Employers of all sizes in nearly every industry have had to lay off or furlough employees in an attempt to deal with the massive business disruptions caused by the spread of COVID-19. Facing this reality, many employers have...more

Faegre Drinker Biddle & Reath LLP

Beware the Snake in the Grass: COBRA Election Notice Considerations During The COVID-19 Pandemic

With most of the nation on lockdown due to the COVID-19 pandemic, many employers are in the unfortunate position of having to lay off workers or significantly reduce their hours. If these workers also lose employer-sponsored...more

Spilman Thomas & Battle, PLLC

COVID-19 Employer Checklist

1) Publish, circulate, and implement the latest CDC, local health department, and OSHA pronouncements on maintaining a healthy worksite and make sure you are stocked on essential product (soaps and sanitizers)....more

Dorsey & Whitney LLP

Don’t Get Bitten by Your COBRA Notices

Dorsey & Whitney LLP on

In a growing wave of class action lawsuits, plaintiffs are targeting employers who have allegedly failed to provide proper notice of health care coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985...more

Parker Poe Adams & Bernstein LLP

Delaying COBRA Notice Past Eligibility Date Risks Insurer Refusing to Pay Claims

During the past year, we have encountered a number of situations where employers have allowed current and former employees to remain on their group medical insurance plans well past the date that they should have been placed...more

Bass, Berry & Sims PLC

2019 ERISA Welfare Plan Checklist

Bass, Berry & Sims PLC on

We recognize that many of our clients sponsor ERISA welfare benefit plans and are currently undergoing their open enrollment process and issuing related participant communications. To assist our clients with that process, we...more

Holland & Hart - The Benefits Dial

I am not throwing away my shot: Retiree coverage as an alternative to COBRA

The COBRA requirements with respect to termination of active employee group health coverage and the coincident availability of retiree medical coverage are complex and not intuitive.  In short, if retiree coverage will not...more

Laner Muchin, Ltd.

What’s In Your COBRA Notice? The Answer May Lead To A Class Action Lawsuit

Laner Muchin, Ltd. on

As previously reported in the Fast Laner, a number of large employers were hit by a wave of class action lawsuits in 2016 involving claims related to deficient COBRA notices. In the case involving Wal-Mart, a federal judge in...more

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