On October 11, 2022, the US Department of Treasury (Treasury) and the Internal Revenue Service (IRS) issued final regulations to modify how affordability under the Affordable Care Act (ACA) is determined for an offer of...more
While the United States awaits the Supreme Court’s ruling in Dobbs v. Jackson, which may overturn Roe v. Wade and eliminate the federal standard for abortion access, some states are considering setting their own standards...more
Recently, the Internal Revenue Service (IRS) announced (See Revenue Procedure 2022-24) cost-of-living adjustments to the applicable dollar limits for health savings accounts (HSAs), high-deductible health plans (HDHPs) and...more
On April 19, 2022, the US Departments of Labor, Health and Human Services, and the Treasury (collectively, the Departments) released Frequently Asked Questions (FAQs) regarding the implementation of certain reporting...more
In response to a directive from the White House, based on provisions of the Families First Coronavirus Response Act (FFCRA) and the Coronavirus Aid, Relief and Economic Security (CARES) Act that eliminated cost sharing for...more
1/17/2022
/ Affordable Care Act ,
American Academy of Pediatrics ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Families First Coronavirus Response Act (FFCRA) ,
Fraud and Abuse ,
HRSA ,
Out-of-Pocket Expenses ,
U.S. Treasury ,
Virus Testing
On October 4, 2021, the US Departments of Labor, Treasury, and Health and Human Services (the Tri-Agencies) issued guidance regarding the application of the Health Insurance Portability and Accountability Act (HIPAA) wellness...more
11/2/2021
/ Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Discounts ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Incentives ,
New Guidance ,
Surcharges ,
U.S. Treasury ,
Vaccinations ,
Wellness Programs
In Notice 2021-58 (the Notice), the Internal Revenue Service (IRS) clarified that the one-year tolling relief periods for Consolidated Omnibus Budget Reconciliation Act (COBRA) elections and initial premium payments run...more
Can employers offer incentives for employees to get a COVID-19 vaccine? In short, yes. Incentives may take many forms, such as a one-time bonus, a gift card or a few extra vacation hours. Employers can get creative. ...more
7/28/2021
/ Americans with Disabilities Act (ADA) ,
Confidential Information ,
Coronavirus/COVID-19 ,
Employee Retirement Income Security Act (ERISA) ,
Employees ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Incentives ,
IRS ,
Reasonable Accommodation ,
Vaccinations
On May 18, 2021, the Internal Revenue Service (IRS) issued much-anticipated Notice 2021-31 (the Notice) regarding the Consolidated Omnibus Budget Reconciliation Act (COBRA) premium subsidy provisions of the American Rescue...more
6/3/2021
/ American Rescue Plan Act of 2021 ,
Beneficiaries ,
COBRA ,
Coronavirus/COVID-19 ,
Covered Employees ,
Department of Labor (DOL) ,
Eligibility ,
Employee Benefits ,
Employer Group Health Plans ,
IRS ,
Premium Subsidies ,
Time Extensions
Recently, the Internal Revenue Service (IRS) announced (See Revenue Procedure 2021-25) cost-of-living adjustments to the applicable dollar limits for health savings accounts (HSAs), high-deductible health plans (HDHPs) and...more
What should in-house lawyers spend time discussing with their chief financial officers (CFOs)? What are the most important tax developments affecting businesses today? In this program, we’ll review the key tax issues that...more
4/29/2021
/ Business Taxes ,
Captive Insurance Company ,
CFOs ,
COBRA ,
Continuing Legal Education ,
Contract Renewal ,
Corporate Counsel ,
Insurance Contracts ,
Remote Working ,
Risk Management ,
Risk Mitigation ,
Tax Liability ,
Tax Planning ,
Webinars
On March 11, 2021, President Joe Biden signed the American Rescue Plan Act of 2021 (ARPA) providing Consolidated Omnibus Budget Reconciliation Act (COBRA) reform provisions and an increase in Dependent Care Assistance Program...more
Two days before the one-year anniversary of the official start of the COVID-19 outbreak, the US Department of Labor (DOL) issued a last-minute notice clarifying its prior guidance that relaxed the deadlines for the Employee...more
3/4/2021
/ Benefit Plan Sponsors ,
COBRA ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
Employer Liability Issues ,
Enrollment ,
Health and Welfare Plans ,
Health Insurance
On February 18, 2021, the Internal Revenue Service (IRS) issued clarifying guidance on the temporary special rules for health flexible spending arrangements (FSAs) and dependent care assistance programs (DCAPs) under Internal...more
2/25/2021
/ Cafeteria Plans ,
Carryover Basis ,
COBRA ,
Consolidated Appropriations Act (CAA) ,
Coronavirus/COVID-19 ,
Dependent Care Assistance Program (DCAP) ,
Employee Benefits ,
Employees ,
Employer Liability Issues ,
Flexible Spending Accounts ,
Grace Period ,
IRS ,
Medical Expenses ,
Reporting Requirements
The COVID-19 pandemic has put unprecedented strain on organizations of all sizes across all industries. The uncertainty of the “new normal” is forcing employers all over the world to consider various new policies as workers...more
2/25/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Employer Mandates ,
Employer Responsibilities ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Infectious Diseases ,
Personal Data ,
Re-Opening Guidelines ,
Reasonable Accommodation ,
Reporting Requirements ,
Title VII ,
Vaccinations ,
Virus Testing ,
Workplace Safety
The COVID-19 pandemic has put unprecedented strain on organizations of all sizes across all industries. The uncertainty of the “new normal” is forcing employers all over the world to consider various new policies as workers...more
2/2/2021
/ Continuing Legal Education ,
Coronavirus/COVID-19 ,
Employee Retirement Income Security Act (ERISA) ,
Employment Policies ,
Health and Safety ,
Infectious Diseases ,
Reasonable Accommodation ,
Return-to-Work Agreements ,
Vaccinations ,
Webinars ,
Workplace Safety
On January 7, 2021, the Equal Employment Opportunity Commission (EEOC) issued proposed guidance regarding employer-sponsored wellness programs and the level of incentives employers may offer employees who participate in these...more
1/18/2021
/ Americans with Disabilities Act (ADA) ,
Benefit Plan Sponsors ,
Compliance ,
Department of Labor (DOL) ,
Discrimination ,
Employee Retirement Income Security Act (ERISA) ,
Employees ,
Employer Group Health Plans ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Proposed Rules ,
Title I ,
Title II ,
Wellness Programs
The Consolidated Appropriations Act (the “Act’”) was signed into law by the president on December 27, 2020, and includes significant health and welfare benefits provisions that affect group health plans and health insurance...more
1/12/2021
/ Carryover Basis ,
Consolidated Appropriations Act (CAA) ,
Dependent Care ,
Employer Group Health Plans ,
Employer Liability Issues ,
Flexible Spending Accounts ,
Grace Period ,
Health and Welfare Plans ,
Mental Health ,
New Legislation ,
Prescription Drug Coverage ,
Surprise Medical Bills ,
Trump Administration
On October 29, 2020, the US Departments of Health and Human Services, Labor and Treasury (collectively, the Departments) issued the Transparency in Coverage final rule (the Rule), along with a fact sheet, setting forth...more
11/11/2020
/ Affordable Care Act ,
Department of Health and Human Services (HHS) ,
Drug Pricing ,
Employer Group Health Plans ,
Final Rules ,
Health Insurance ,
Health Plan Sponsors ,
Pharmaceutical Industry ,
Prescription Drugs ,
Public Disclosure ,
Transparency
The Internal Revenue Service (IRS) recently announced the cost-of-living adjustments to the applicable dollar limits for various employer-sponsored retirement and welfare plans for 2021. Nearly all of the dollar limits...more
One day before an updated rule of the US Department of Health and Human Services regarding Section 1557 of the Patient Protection and Affordable Care Act took effect, the US District Court for the Eastern District of New York...more
On June 23, 2020, the US Departments of Labor, Health and Human Services, and Treasury issued tri-agency FAQs (Part 43) that clarify important health and welfare provisions under the Families First Coronavirus Response Act...more
6/26/2020
/ Benefit Plan Sponsors ,
CARES Act ,
Clinical Laboratory Testing ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Families First Coronavirus Response Act (FFCRA) ,
Food and Drug Administration (FDA) ,
Health Care Providers ,
Health Insurance ,
Telehealth ,
Third-Party Agents ,
U.S. Treasury ,
Virus Testing
On Monday, June 15, 2020, the US Supreme Court held in Bostock v. Clayton County that Title VII of the Civil Rights Act of 1964 protects transgender, gay and lesbian employees (and prospective employees) from workplace...more
6/23/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
Corporate Counsel ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
On June 12, 2020, the Office for Civil Rights (OCR) of the US Department of Health and Human Services (HHS) finalized a rule under Section 1557 of the Patient Protection and Affordable Care Act (the 2020 Final Rule) that...more
6/18/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
The Internal Revenue Service recently announced cost-of-living adjustments to the applicable dollar limits for health savings accounts and high-deductible health plans for 2021. Some of the dollar limits currently in effect...more