The three federal agencies tasked with enforcement of the Mental Health Parity and Addiction Equity Act (MHPAEA) — the Departments of Labor, Health & Human Services (through CMS), and Treasury (the Departments) — issued their...more
9/20/2024
/ Benefit Plan Sponsors ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
Health Insurance ,
Mental Health ,
Mental Health Parity Rule ,
MHPAEA ,
Substance Abuse
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
6/4/2024
/ Abortion ,
Employee Benefits ,
Employee Privacy Rights ,
Employer Group Health Plans ,
Employer Liability Issues ,
Final Rules ,
Health Insurance ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
HIPAA Privacy Rule ,
PHI ,
Popular ,
Reproductive Healthcare Issues
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
5/23/2024
/ Department of Health and Human Services (HHS) ,
Dobbs v. Jackson Women’s Health Organization ,
Employee Benefits ,
Employer Group Health Plans ,
Final Rules ,
Health Care Providers ,
Health Insurance ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
HIPAA Privacy Rule ,
OCR ,
PHI ,
Popular ,
Reproductive Healthcare Issues
In just a few days’ time, recently promulgated federal final rules addressing sex-based nondiscrimination in the administration of health care benefits have created a flurry of healthcare industry activity. The angst arises...more
5/9/2024
/ Affordable Care Act ,
Centers for Medicare & Medicaid Services (CMS) ,
Compensation & Benefits ,
Department of Health and Human Services (HHS) ,
Employee Benefits ,
Employer Group Health Plans ,
Final Rules ,
Health Insurance ,
Healthcare ,
Healthcare Reform ,
Non-Discrimination Rules ,
Sex Discrimination
Where did the time go? Just a brief 1,199 days after it began, the COVID-19 Public Health Emergency (PHE) is coming to an end. The PHE formally ends on May 11, 2023, short of any unexpected developments. And that means the...more
4/19/2023
/ COBRA ,
Compensation & Benefits ,
Coronavirus/COVID-19 ,
Cost-Sharing ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
Health Insurance ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Infectious Diseases ,
Public Health Emergency ,
Telehealth
There has never been an ERISA requirement to include elective abortion medical coverage in ERISA group health plans. Even so, many nationwide employers choose to offer it alongside non-elective abortion medical coverage. ...more
6/24/2022
/ Abortion ,
Compensation & Benefits ,
Corporate Counsel ,
Dobbs v. Jackson Women’s Health Organization ,
Employee Benefits ,
Employee Handbooks ,
Employee Retirement Income Security Act (ERISA) ,
Employees ,
Employer Group Health Plans ,
Employment Policies ,
Health Insurance ,
Health Savings Accounts ,
Patient Access ,
Roe v Wade ,
Travel Expenses ,
Travel Reimbursements
The Biden Administration’s proposed budget for fiscal year 2023 serves as a warning to all plan issuers and administrators that enforcement of the Mental Health Parity and Addiction Equity Act (MHPAEA) is a top priority for...more
6/15/2022
/ Biden Administration ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
Enforcement Actions ,
Federal Budget ,
Health Insurance ,
Healthcare ,
Healthcare Reform ,
Mental Health ,
Mental Health Parity Rule ,
MHPAEA ,
NQTLs
If you still have unvaccinated workers in January, might you provide a financial incentive for employees to be vaccinated, by charging them higher healthcare insurance premiums? ...more
8/31/2021
/ Coronavirus/COVID-19 ,
Employee Incentive Plans ,
Employment Policies ,
Health and Safety ,
Health Insurance ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Infectious Diseases ,
Premium Assistance ,
Reasonable Accommodation ,
Vaccinations ,
Workplace Safety
Employers should be busy preparing tailored COBRA continuation coverage notices for certain individuals, addressing complicated election and altered COBRA premium topics that took effect only in recent weeks. Below, we offer...more
4/22/2021
/ American Rescue Plan Act of 2021 ,
Biden Administration ,
COBRA ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employee Benefits ,
Health and Welfare Plans ,
Health Insurance ,
Infectious Diseases ,
Premium Subsidies ,
Relief Measures ,
Tax Credits
This blog was based on guidance which is now outdated. An employer may offer an incentive to employees to voluntarily provide documentation or other confirmation that they received a vaccination on their own from a pharmacy,...more
4/21/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Disability Discrimination ,
Employee Incentive Plans ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Employment Policies ,
GINA ,
Health and Safety ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Infectious Diseases ,
Reasonable Accommodation ,
Vaccinations ,
Wellness Programs ,
Workplace Safety
In response to a recent General Accounting Office (GAO) report recommending federal guidance to mitigate cybersecurity risks in retirement plans and to respond to ever-increasing cyber threats to plan participant data and...more
4/16/2021
/ Corporate Counsel ,
Cybersecurity ,
Data Protection ,
Department of Labor (DOL) ,
EBSA ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary ,
GAO ,
Investment Management ,
Popular ,
Retirement Plan ,
Risk Mitigation
For employers with group health plans, COBRA obligations under President Biden’s premiere $1.9 trillion stimulus legislation, the American Rescue Plan Act of 2021 (the “Rescue Plan”) are an early priority. ...more
3/17/2021
/ American Rescue Plan Act of 2021 ,
Biden Administration ,
COBRA ,
Coronavirus/COVID-19 ,
Dependent Care ,
Employee Benefits ,
Health and Welfare Plans ,
Health Insurance ,
Infectious Diseases ,
New Legislation ,
Popular ,
Premium Subsidies ,
Relief Measures ,
Tax Credits
Last minute guidance affects employers sponsoring group health plans, and answers a much-discussed question as we approach the one-year anniversary of past COVID guidance....more
Employer-sponsored retirement plans have long been targets for cybercriminals. Employers should be on the lookout as the COVID-19 pandemic has expanded the types and likelihood of potential cyber attacks against retirement...more
Employer-sponsored retirement plans have long been targets for cybercriminals. The COVID-19 pandemic has expanded the types and likelihood of potential cyber attacks against retirement plan accounts. After all, with many more...more
Health and welfare benefit plans and insurers are affected by various provisions of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) passed on March 27, 2020....more
4/1/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
Diagnostic Tests ,
Families First Coronavirus Response Act (FFCRA) ,
Financial Stimulus ,
HDHP ,
Health and Welfare Plans ,
HSA ,
Over The Counter Drugs (OTC) ,
Preventive Health Care ,
Relief Measures ,
Telehealth ,
Trump Administration
Health and welfare benefit plans and insurers are affected by various provisions of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) passed on March 27, 2020....more
Once an employee has been exposed to a suspected or confirmed case of COVID-19, what do you do? Once an employee has tested positive, what do you say?...more
Benefit plan sponsors are responding to participant questions about the coronavirus/COVID-19. In particular, employers’ HR departments are fielding questions about whether their health plan will pay for any necessary testing...more
3/16/2020
/ China ,
Clinical Laboratory Testing ,
Coronavirus/COVID-19 ,
Crisis Management ,
Deductibles ,
Emergency Management Plans ,
Emergency Response ,
Employee Benefits ,
Employer Group Health Plans ,
HDHP ,
Health Insurance ,
Health Savings Accounts ,
Infectious Diseases ,
IRS ,
Medical Benefits ,
Medical Examinations ,
New Guidance ,
Public Health
In the face of a potential public health crisis such as the Coronavirus, prudent employers commit extraordinary resources to ensuring critical business continuity and IT infrastructure planning. The human resources...more
Computer hacking, and the permutation of crimes that can be committed by hackers, generally does not spur images of infliction of physical harm. However, in a chilling turn of events, computer hackers have opened a new front...more
Employers with established wellness programs that collect health information and/or require a medical exam can no longer rely on the EEOC regulations to justify that incentives provided under their wellness programs are...more
Signed into law by President Trump on December 22, the final version of the tax reform bill (the “Act”) is not as far-reaching on executive compensation as the earlier version we previewed. However, the Act makes several...more
As we alluded in our “Preparing for the Unknown: Open Enrollment 2018” blog post, employers that are finalizing their employee benefit plan designs in advance of the 2018 plan year would be well-advised to monitor the...more
10/5/2017
/ AARP ,
Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Employee Benefits ,
Employer Group Health Plans ,
Equal Employment Opportunity Commission (EEOC) ,
Genetic Discrimination ,
GINA ,
Health Insurance ,
Incentives ,
MHPAEA ,
Non-Discrimination Rules ,
Wellness Programs
With Open Enrollment season just around the corner, employers have been hoping for answers regarding the direction of health insurance under the Trump Administration. However, it’s looking like clarity is a long way off....more