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Departments Issue Guidance on Preventive Services under the ACA Following the Braidwood Decision

In light of the March 30 Braidwood Mgmt. Inc. v. Becerra decision, the Department of Labor, Department of Health and Human Services, and Department of the Treasury (the “departments”) have issued FAQ guidance on how the...more

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

Five Takeaways from the DOL’s Final Rule on Selecting Retirement Plan Investments

The Department of Labor (DOL) issued a final rule that explicitly allows—but does not require—retirement plan fiduciaries to take climate change and other environmental, social, and governance (ESG) considerations into...more

Year-End Regulatory Relief for Investment Advisors: DOL Further Delays Enforcement of PTE 2020-02

The Department of Labor (DOL) has issued Field Assistance Bulletin No. 2021-02 to further delay enforcement of Prohibited Transaction Exemption 2020-02 (PTE 2020-02), which sets forth several requirements that financial...more

No More Surprises? New Rule on Surprise Medical Bills

The U.S. Departments of Health and Human Services, Labor, and Treasury, and the Office of Personnel Management have issued "Requirements Related to Surprise Billing; Part I," an interim final rule to implement the No...more

DOL Actively Enforcing Newly Required Mental Health Comparative Analysis

Group health plans and insurers have been required since 2008 to ensure that any “nonquantitative treatment limitations” (NQTLs) imposed on mental health or substance use disorder (MH/SUD) benefits are comparable and no more...more

DOL Issues Model Notices for COBRA Premium Assistance

As we discussed in a previous article, the American Rescue Plan Act of 2021 (ARP), provided premium assistance and an extended election period under COBRA and similar state laws for “assistance eligible individuals” (AEIs)....more

DOL Guidance on Applying One-Year Limit to COVID-19 Outbreak Period Extensions

In EBSA Disaster Relief Notice 2021-01, the Department of Labor (DOL) has issued a critical interpretation of prior guidance that extended certain deadlines for employee benefit plans, participants, and beneficiaries due to...more

Pump the “Pecuniary” Brakes: DOL Won’t Enforce the New Rule on Financial Factors in Selecting Plan Investments

The Department of Labor (DOL) has released a short statement announcing that it will not enforce the final rule on “Financial Factors in Selecting Plan Investments” that it published on November 13, 2020. The statement also...more

DOL Clarifies One-Year Limitation on COVID-19 Deadline Extensions — New Notices May Be Required

In EBSA Disaster Relief Notice 2021-01, the Department of Labor (DOL) has issued a critical interpretation of prior guidance that extended certain deadlines for employee benefit plans, participants, and beneficiaries due to...more

Missing Retirement Plan Participants? The DOL Says You Should Follow These Best Practices

In response to ongoing pleas for guidance, the Department of Labor (DOL) has published an informal outline expressing its views on how retirement plan administrators should be addressing missing or unresponsive participants....more

How to Provide Employees $26,250 in Nontaxable Student Loan Repayment Assistance

The Taxpayer Certainty and Disaster Tax Relief Act, recently passed as part of the “Consolidated Appropriations Act, 2021,” has significantly extended the tax exclusions for employer-paid student loan repayment assistance...more

Retirement Plan Provisions in the New COVID-19 Relief Acts

The recently enacted COVID-19 Related Tax Relief Act of 2020 and the Taxpayer Certainty and Disaster Tax Relief Act of 2020, both of which are part of the “Consolidated Appropriations Act, 2021,” includes the following...more

Rule Providing Relief for Grandfathered Health Plans Finalized

The Departments of Labor (DOL) and Health and Human Services (HHS) and the Treasury have finalized a rule for grandfathered group health plans under the Affordable Care Act (ACA) without making any substantive changes from...more

The “Pecuniary” Rule: A Roadmap for Navigating the DOL’s Final Rule on Financial Factors in Selecting Plan Investments

The Department of Labor (DOL) has issued a final rule to revise its existing rule regarding financial factors in selecting plan investments. We discussed the proposed rule in an earlier article, and this article provides a...more

New Proposed Relief for Grandfathered Group Health Plans

The Departments of Labor (DOL), Health and Human Services (HHS), and Treasury have issued a proposed rule for grandfathered group health plans under the Affordable Care Act (ACA). The proposed rule provides greater...more

DOL Proposes Exemption for Providing Investment Advice to Participants

The Department of Labor (DOL) has issued a notice of a proposed class exemption from certain prohibited transaction restrictions under the Employee Retirement Income Security Act (ERISA) and the Internal Revenue Code (IRC)...more

DOL Announces Significant Deadline Extensions and Other Disaster Relief for Employee Benefit Plans

The Department of Labor (DOL), joined and coordinated in part by the Department of Treasury, Internal Revenue Service, and Department of Health and Human Services, has released several documents providing deadline extensions...more

Highlights of Employee Benefits Provisions in the CARES Act

The President recently signed into law the Coronavirus Aid, Relief, and Economic Security Act or “CARES Act.” The CARES Act is primarily a stimulus package that addresses the current coronavirus crisis, and it includes...more

The End of the DOL’s Fiduciary Rule - Employee Benefits Alert

On June 21, 2018, the Fifth Circuit Court of Appeals issued a mandate vacating the controversial fiduciary rule issued by the U.S. Department of Labor (DOL) in 2016. The mandate follows the court’s opinion issued on March 15,...more

Should Your ERISA Plan Have a Forum Selection Clause?

With relatively few exceptions, administrators of employee benefit plans covered by the Employee Retirement Income Security Act (ERISA) have enjoyed success enforcing forum selection clauses in cases across the country. As...more

Courts Strike Down Church Plan Exemptions for Church-Affiliated Organizations

Until recently, the Internal Revenue Service (IRS), the Department of Labor (DOL), and federal courts seemed to agree that a retirement plan established and maintained by a church-affiliated organization generally qualified...more

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