The Mental Health Parity and Addiction Equity Act and its implementing regulations and guidance (MHPAEA) prohibit health insurance policies and group health plans that cover mental health and substance use disorder (MH/SUD)...more
9/19/2024
/ Compliance ,
Consolidated Appropriations Act (CAA) ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary ,
Final Rules ,
Health Plan Sponsors ,
Mental Health Parity Rule ,
MHPAEA ,
NQTLs ,
Substance Abuse ,
U.S. Treasury
The SECURE 2.0 Act of 2022 (SECURE 2.0) significantly changes the legal and administrative compliance landscape for U.S. retirement plans. Foley & Lardner LLP is authoring a series of articles that take a “deep dive” into key...more
9/21/2023
/ 403(b) Plans ,
Benefit Plan Sponsors ,
Department of Labor (DOL) ,
Employee Contributions ,
Employer Contributions ,
EPCRS ,
Internal Revenue Code (IRC) ,
IRS ,
Part-Time Employees ,
Retirement Plan ,
Roth IRA ,
SECURE Act ,
Self-Correction Programs
On March 17, 2023, the Internal Revenue Service (IRS) released updated guidance on whether certain costs related to substance abuse programs, exercise programs, wellness and general health qualify as medical expenses under...more
On January 30th, President Biden announced his intention to end both the COVID-19 national emergency and the COVID-19 public health emergency (together, the “Emergency Declarations”) effective May 11, 2023. The Emergency...more
To help employers properly administer their 401(k) plans, in 2022, Foley & Lardner LLP is authoring a series of monthly “401(k) Compliance Check” newsletters. This article includes some tips for drafting a best-in- class...more
Not surprisingly, leading up to and in the wake of the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, our employee benefits team has been spending a lot of time helping our clients wade through...more
7/20/2022
/ Abortion ,
COBRA ,
Coronavirus/COVID-19 ,
Dobbs v. Jackson Women’s Health Organization ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
Health Insurance Portability and Accountability Act (HIPAA) ,
IRS ,
Medical Reimbursement ,
Mental Health Parity Rule ,
MHPAEA ,
Pharmacy Benefit Manager (PBM) ,
SCOTUS
In last month’s 401(k) Compliance Check, we discussed what to do if you inadvertently failed to enroll someone in your 401(k) plan. In this month’s Compliance Check, we focus on the variety of typical notices that are...more
4/20/2022
/ 401k ,
Automatic Enrollment ,
Best Practices ,
Compliance ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Fee Disclosure ,
IRS ,
QACA ,
Retirement Plan ,
Safe Harbors
Under the Consolidated Appropriations Act, 2021 (the “CAA”), group health plans and health insurance issuers are required to submit certain information related to prescription drug and other health care spending to the...more
Under the Consolidated Appropriations Act, 2021 (the “CAA”), group health plans and health insurance issuers are required to submit certain information related to prescription drug and other health care spending to the...more
The effective date is fast approaching for certain provisions of the Consolidated Appropriations Act of 2021 (“CAA”) and related regulations, and the Transparency in Coverage Rule. You can access previous articles written...more
12/1/2021
/ Affordable Care Act ,
Compliance ,
Consolidated Appropriations Act (CAA) ,
Continuity of Care ,
Disclosure Requirements ,
Drug Pricing ,
Employer Group Health Plans ,
Explanation of Benefits (EOBs) ,
Mental Health Parity Rule ,
Price Comparisons ,
Price Transparency ,
Surprise Medical Bills ,
TPAs ,
Transparency ,
Vendors
The American Rescue Plan Act of 2021 (the “ARPA”), which President Biden is expected to sign this week, includes a handful of provisions affecting employee benefit plans and publicly-traded companies’ tax deductions for...more
The American Rescue Plan Act of 2021 (the “ARPA”), which President Biden is expected to sign into law on Friday, March 12, contains several new rules impacting COBRA benefits. The ARPA provides up to six months of free COBRA...more
Last year, the Internal Revenue Service (IRS) and the Department of Labor (DOL) issued two notices that extended certain benefit plan deadlines for both employees/plan participants and for plan administrators as a result of...more
This year, employers have been worried about the impending forfeiture of their employees’ flexible spending account dollars given that many employees couldn’t use those dollars throughout much of the year due to the closure...more
By the time this article goes to print, it is likely that COVID-19 vaccine distribution and administration will be underway in the United States. In late October, the Trump Administration released an interim final regulation...more
12/16/2020
/ ACIP ,
Affordable Care Act ,
CARES Act ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Employer Group Health Plans ,
Interim Final Rules (IFR) ,
IRS ,
Public Health Emergency ,
Vaccinations
The COVID-19 pandemic has had far-reaching effects to date, including economic uncertainty and widespread business interruptions. This environment may raise unique considerations for parties contemplating an M&A transaction....more
10/9/2020
/ Alternative Fee Arrangements ,
Alternative Financing and Procurement (AFP) ,
Business Interruption ,
CARES Act ,
Coronavirus/COVID-19 ,
Data Privacy ,
Department of Justice (DOJ) ,
Due Diligence ,
Families First Coronavirus Response Act (FFCRA) ,
Federal Trade Commission (FTC) ,
Investment Banks ,
IRS ,
Loan to Own ,
Mezzanine Lenders ,
Representations and Warranties Insurance
On June 19, 2020, the IRS issued Notice 2020-50 (the “Notice”), which provides additional guidance regarding coronavirus distributions and loans from qualified retirement plans under the Coronavirus Aid, Relief, and Economic...more
Since the start of the COVID-19 pandemic, we have gotten daily calls and emails from our clients asking how furloughs, layoffs, the CARES Act, and a host of other pandemic-related changes affect the benefit plans that they...more
5/21/2020
/ 401k ,
Cafeteria Plans ,
CARES Act ,
COBRA ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Enrollment ,
FSA ,
Furloughs ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HRA ,
IRS ,
Layoffs
The IRS issued two notices on May 12, 2020, Notice 2020-29 and Notice 2020-33. These Notices provide a number of options that employers could choose to offer their employees with respect to their 2020 cafeteria plan benefits...more
The Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”), which was signed by the President on March 27, 2020, includes several provisions affecting employer benefit plans.
Expansion of Withdrawal and Loan...more
If your company sponsors a 401(k) or 403(b) plan that allows participants to take hardship distributions, you probably had a conversation with your plan recordkeeper last year about changes to the rules on hardship...more
10/8/2019
/ 401k ,
403(b) Plans ,
Benefit Plan Sponsors ,
Deferred Compensation ,
Employee Benefits ,
Final Rules ,
Hardship Distributions ,
IRS ,
Plan Documents ,
Retirement Plan ,
Safe Harbors ,
U.S. Treasury
According to a recent report, the average student loan debt for a Class of 2016 graduate is $37,172. As recent graduates enter the work force, they often choose not to contribute to their employers’ 401(k) plans and lose out...more
The “Bottom Line” -
Employers will have until March 2, 2018 to furnish Form 1095-C (“Employer-Provided Health Insurance Offer and Coverage”) to employees.,,...more
Impact of Tax Reform on Employer-Provided Retirement, Welfare, and Fringe Benefits -
The recently enacted Tax Cuts and Jobs Acts (the “Tax Reform Act”) made significant changes to the Internal Revenue Code. Although there...more
1/8/2018
/ 401k ,
403(b) Plans ,
Affordable Care Act ,
Employee Benefits ,
Fringe Benefits ,
Hardship Distributions ,
Health and Welfare Plans ,
Individual Mandate ,
Individual Retirement Account (IRA) ,
Retirement Plan ,
Roth IRA ,
Tax Cuts and Jobs Act
The “Bottom Line” -
Learn the new rules for who is a “covered employee” and keep track of these individuals because “once a covered employee, always a covered employee”
Evaluate compensation arrangements and contracts...more
1/8/2018
/ Compensation & Benefits ,
Corporate Taxes ,
Covered Employees ,
Employee Benefits ,
Executive Compensation ,
Grandfathered Status ,
Income Taxes ,
Publicly-Traded Companies ,
Section 162(m) ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Tax Deductions ,
Tax Rates ,
Tax Reform