News & Analysis as of

Employee Benefits Protected Health Information

Baker Donelson

Health Plan Compliance Concerns for Year-End 2024

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As employers look toward open enrollment for their group health plans, now is a good time to review action items needed for those plans by year-end, as well as upcoming deadlines in the near future. While fully-insured health...more

Akerman LLP - HR Defense

Employers Must Keep Reproductive Health Information About Their Plan Participants Private Under New HIPAA Privacy Rule

Imagine you are a corporate Human Resources/Total Rewards leader who receives a request from a state’s law enforcement agency for health plan records about a plan participant’s abortions or other reproductive health care. How...more

Akerman LLP - Health Law Rx

Attention, Group Health Plans: New HIPAA Privacy Rule Governing Reproductive Health Care Information Imposes Obligations,...

It is critical for employers and plan fiduciaries/administrators to stay informed of HIPAA privacy and security-related legal developments because most employer sponsored group health plans — regardless of the employer’s...more

Amundsen Davis LLC

Local and State Employment Law Update: Settlement Agreements, Abortion-Related Services and Family-Leave Benefits

Amundsen Davis LLC on

Certain states are prohibiting employers from entering into settlement agreements, while others have reduced family-leave insurance rates and prohibited employers from cooperating in any inquiry or investigation into an...more

Sullivan & Worcester

Winter 2023 Employment and Benefits Updates

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SECURE 2.0 Act - As part of a large year-end piece of legislation, the provisions known as SECURE 2.0 Act of 2022 (“SECURE 2.0”) were enacted into law. SECURE 2.0 represents a broadly bipartisan piece of legislation that...more

Fox Rothschild LLP

The Supreme Court’s Dobbs Ruling Creates a Variety of Significant Legal Issues

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The Supreme Court of the United States held in Dobbs v. Jackson Women’s Health Organization, that the Constitution does not confer a right to abortion, overruling long-standing precedent in Roe v. Wade and Planned Parenthood...more

Dorsey & Whitney LLP

Is Data the Next Frontier in ERISA Litigation?

Dorsey & Whitney LLP on

Health and retirement benefit plans subject to the Employee Retirement Income Security Act (“ERISA”) have troves of personal information regarding plan participants and their beneficiaries - e.g., participants’ age, marital...more

Sullivan & Worcester

What Employers Need to Know About Health Plans and the Coronavirus

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We want to share with you our views on some benefits-related questions affecting group health plans that have been coming up recently as employers deal with the coronavirus. HIPAA in the Age of COVID-19 – In February, the...more

Perkins Coie

COVID-19: Employee Health Plan Administration Considerations

Perkins Coie on

As federal and state governments respond to COVID-19, employers and plan fiduciaries must also address the evolving issues arising under employer-sponsored health plans. The specific considerations covered in this update are...more

Eversheds Sutherland (US) LLP

Emerging benefit plan issues relating to the coronavirus

As employers prepare their workforces for issues related to COVID-19, they should also take steps to ensure that their benefit plans are prepared. The impact of the virus will put a financial and logistical strain on many...more

Seyfarth Shaw LLP

Does My Health FSA Cover My Surgical Mask Bulk-Purchase? (and other pressing questions about the intersection of coronavirus,...

Seyfarth Shaw LLP on

Seyfarth Synopsis: Because everything has a coronavirus angle now….this blog post covers various issues and considerations plan sponsors and administrators should keep in mind as the coronavirus outbreak continues to...more

Seyfarth Shaw LLP

Deadline is Approaching for Group Health Plan Service Agreement Updates

Seyfarth Shaw LLP on

Seyfarth Synopsis: Recent changes to the federal rules governing confidentiality of substance use disorder (SUD) patient records may require updates to agreements between group health plans and their third-party vendors....more

BakerHostetler

Change the Trajectory of Your Group Health Plan's Cost and Quality Outcomes

BakerHostetler on

This article explores: How employer group health plan sponsors can achieve greater transparency, improve cost and quality outcomes, and strengthen their payer positions....more

Bass, Berry & Sims PLC

2018 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

Fox Rothschild LLP

Beware: HIPAA Applies To The Health Plans You Never Knew You Had

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You may be surprised to learn that those “extra” benefits your company offers to its employees such as your employee assistance program (EAP) and wellness program likely are subject to the HIPAA privacy, security and breach...more

Winstead PC

May Benefits Roundup

Winstead PC on

The U.S. Department of Labor’s Fiduciary Rule is Finally Dead or Is It? The U.S. Department of Labor (“DoL”) permitted the Fifth Circuit’s decision overruling the fiduciary rule in its entirety on a nationwide basis due to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Technology and Trends in the Healthcare Industry, Part I: The Risks and Rewards of Remote Medicine

Sick days are built in to nearly every workforce. As employers are aware, depending on an employee’s position and the duration of his or her time off, sick time may slow production or delay deadlines....more

Dickinson Wright

Healthcare Legal News: Volume 7, Number 2

Dickinson Wright on

Where is your PHI Data Traveling Today? With most vendors offering and pushing cloud computing solutions and offsite data backup, or guaranteeing offsite backup of data they process for you, many HIPAA covered entities and...more

Robinson+Cole Data Privacy + Security Insider

HIPAA Refresher for Workplace Wellness Programs

Now more than ever, workplace wellness programs are becoming increasingly popular among employers. A common concern many employers have is how to design a meaningful workplace program intended to improve the health of...more

Burr & Forman

2016 Health Care Year in Review

Burr & Forman on

Since I began writing this year-end review in 2013, there have been some common themes – a shift to pay for quality and away from fee-for service, much of which has been brought about by the Affordable Care Act (ACA): efforts...more

Pillsbury Winthrop Shaw Pittman LLP

Cybersecurity and the Role of ERISA Fiduciaries

The Employee Retirement Income Security Act of 1974, as amended (ERISA), protects plan participant benefits and account balances by imposing high standards of care on the plan’s fiduciaries. Fiduciaries who do not follow...more

Bond Schoeneck & King PLLC

Cybersecurity and Employee Benefit Plan Fiduciary Duties: Going Beyond HIPAA

It seems as though we hear about new cybersecurity issues every day — from traditional hacking incidents to the increasingly sophisticated phishing, malicious apps and websites, social engineering, and ransomware attacks. ...more

Dorsey & Whitney LLP

Wellness Watch

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According to reports, more than half of all businesses with over 200 employees ask employees to participate in biometric screening, and nearly 10% of them provide a financial incentive for employees to participate. As a part...more

Parker Poe Adams & Bernstein LLP

EEOC Sues Employer for Requiring Medical Details as Part of Sick Leave Approval

Employers that provide paid sick leave benefits often require doctors’ notes confirming the employee’s need to be out of work. Last month, the Equal Employment Opportunity Commission filed suit against a Pennsylvania employer...more

Perkins Coie

Ready For HITECH Changes On September 23, 2013? Find Out With This Compliance Checklist For Employer-Sponsored Health Plans

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The final regulations implementing the Health Information Technology for Economic and Clinical Health (HITECH) Act were issued in January and compliance is required by September 23, 2013. The final regulations require covered...more

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