Employer Group Health Plans

News & Analysis as of

Raising the Bar to a Perfect Score: Corporate Equality Index to Look for Expanded Health Benefits as Measure of LGBT Workplace...

Employers looking for strong scores on the Corporate Equality Index (CEI) in coming years may have to make some unexpected changes to their health benefit programs. Benefit programs are one key component of CEI ratings,...more

Looking Forward/Looking Backward – Day 1 Notes from the JPMorgan Healthcare Conference

A large amount of wind, much discussion about the U.S healthcare, and the public getting soaked again – if you were thinking about Washington, DC and the new Congress, you’re 3,000 miles away from the action. This is the week...more

New Law Enables Small Employers to Resume Health Reimbursement Arrangements

One of the unintended consequences of the Affordable Care Act had been the elimination of health reimbursement arrangements as a tool for small employers to avoid the complexities of maintaining a group health plan and the...more

Q&A with Paula Williams: Guidelines allow voluntary employer wellness programs

Guidelines allow voluntary employer wellness programs - Q: A federal court recently heard a case involving a corporate wellness program. What was the basis for the Equal Employment Opportunity Commission (EEOC) lawsuit...more

Cures Act Lets Small Employers Reiumburse Premiums

On December 13, 2016, President Obama signed into law the 21st Century Cures Act, which allows small employers to maintain health reimbursement arrangements (HRAs) for the purpose of reimbursing employees for the cost of...more

Court Rejects AARP’s Request to Block EEOC’s Final Wellness Rules -- Wellness Rules Took Effect as Scheduled on January 1, 2017

The Equal Employment Opportunity Commission (EEOC) recently issued final regulations under the American with Disabilities Act (ADA) and Genetic Information Nondiscrimination Act (GINA) with respect to employer-wellness...more

QSEHRAs: End-of-Year Legislation Provides a New Health Care Option for Small Employers

Tucked at the end of the recently enacted 300-plus-page 21st Century Cures Act (Cures Act) is a provision that offers certain small employers a new opportunity to help employees purchase individual market major medical...more

New ACA FAQs - Special Enrollment, Women’s Preventive Care and a Cure for the HRA that Ails You (If You’re Small Enough)

In the latest round of FAQs on ACA implementation (now up to 35 if you’re keeping track), the DOL, HHS and Treasury Department addressed questions regarding HIPAA special enrollment rights, ACA coverage for preventive...more

21st Century Cures Act Permits Standalone HRAs for Small Employers

The 21st Century Cures Act, signed into law by President Obama on Dec. 13, permits small employers to offer standalone health reimbursement arrangements that may reimburse individual market insurance premiums, among other...more

Health Reimbursement Accounts for Small Employers

A new law allows small employers to provide a stand-alone employer-paid health reimbursement account plan to employees without incurring a tax penalty. This plan would help employees pay for insurance offered on an exchange...more

Small Employers Have New Health Reimbursement Option Under Cures Act

The 21st Century Cures Act (Cures) signed by President Barack Obama on Dec. 13, 2016, contains a smorgasbord of health-related provisions, from reforming federal mental health policies to increasing funding for medical...more

The ERISA Litigation Newsletter - December 2016

This month Richard Zall, Chair of Proskauer's Health Care Department, explores developments likely to occur with respect to the Affordable Care Act as a result of the new administration. In our Rulings, Filings and...more

EMPLOYMENT LAW UPDATE: Health Reimbursement Arrangement

In 2016, the law prevented employers from providing reimbursements to employees who purchase non-employer related health insurance. However, that is changing for employers with less than 50 full-time employees or the...more

A New Wave Of Class Action Lawsuits Targets Employers That Provide Deficient COBRA Notices

In a series of recent class action lawsuits involving Wal-Mart Stores Inc., BB&T Co., Shipcom Wireless Inc., and other employers, current and former employees who were eligible for COBRA continuation health coverage have...more

Cover Letters: The Key to Simplifying ERISA Plan Document Requests

Sponsors of qualified retirement plans and group health plans may receive tens, if not hundreds, of plan document requests every year. Responding to these requests in accordance with the rules set forth under the Employee...more

Will the ACA Stay or Will it Go?

After surviving two Supreme Court cases and numerous repeal efforts, the Affordable Care Act (“ACA”) is in jeopardy again. Despite the law’s uncertainty, employers may want to continue their compliance efforts because: (1)...more

Issue 104: Departments Issue FAQs on the Mental Health Parity and Addiction Equity Act and Request Comments on Tobacco Cessation...

On October 26, 2016, the Departments of Health and Human Services, Labor and Treasury (the Departments) published issue 34 of their series of FAQs on the Affordable Care Act, found here. The FAQs discuss the Mental Health...more

Caution: Non-Compliant COBRA Election Notices may be Costly

Earlier this year, an employer was sued in a class action in Federal District Court for the Southern District of Florida for violating the notice provisions of the Consolidated Omnibus Budget Reconciliation Act of 1985...more

Small Employer Standalone HRA Allowed by New Law

Effective January 1, 2017, small employers with fewer than 50 full-time employees will be allowed to offer employees a standalone health reimbursement account (“HRA”) without being subject to an excise tax under a law passed...more

Rejoice: The Return of Premium-Reimbursement Plans for Small Employers

Last week Congress passed H.R. 34, which will exempt certain health reimbursement arrangements ("HRA"), including premium-reimbursement plans, from most Affordable Care Act requirements for small employers (i.e. those...more

Delaware Healthcare Industry Update

House Bill 439, sponsored by Representative Bryon Short and Senator Patricia Blevins, addresses the situation of “surprise” bills. That is, the situation when a patient seeks and receives care, and is unaware that the...more

ACA Tax Reporting Extensions

The IRS has once again extended the deadline for furnishing to employees the applicable tax forms required by the Affordable Care Act (ACA), and will continue to provide employers with penalty relief if they make good-faith...more

Sponsors Shouldn’t Wait to Find Answers To Challenges of Unwinding the ACA

A great deal has already been written about how easy or difficult it would be to eliminate the Affordable Care Act, but what would the elimination of President Barack Obama’s hallmark health legislation mean for employee...more

Employers Need To Be Aware Of Potential Pitfalls Of Providing Opt-Out Incentives To Company Health Insurance

In recent proposed regulations, the Internal Revenue Service (IRS) addressed how the Affordable Care Act (ACA) impacts the use of employer opt-out incentives, which are payments to employees who decline an employer’s group...more

The ERISA Litigation Newsletter - November 2016

This month we review a recent Second Circuit decision addressing ERISA plan status as a class member in a securities shareholder class action. As discussed in the article, the decision exposes a potential conflict among the...more

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