The May Monthly Minute examines a recent Seventh Circuit decision upholding unambiguous plan language against class action attack, the status of the federal IDR process under the No Surprises Act, and the DOL’s recent...more
5/22/2023
/ Centers for Medicare & Medicaid Services (CMS) ,
Class Action ,
Department of Labor (DOL) ,
Dispute Resolution ,
Eligibility ,
Employer Group Health Plans ,
Evidence of Insurability (EIF) ,
No Surprises Act (NSA) ,
Out of Network Provider ,
Provider Payments ,
Severance Agreements
The April Monthly Minute examines upcoming Form 5500 changes (which particularly impact small plans) and a recent case highlighting the importance of compliance with plan termination procedures....more
The March Monthly Minute highlights new proposed deadlines for use of retirement plan forfeitures, unsuccessful efforts to overturn the final ESG rule, and ACA penalty increases for 2024.
Sorry Not Sorry: Biden Vetoes...more
3/27/2023
/ 401k ,
Deadlines ,
Employee Retirement Income Security Act (ERISA) ,
Environmental Social & Governance (ESG) ,
Fiduciary Duty ,
Forfeiture ,
IRS ,
Joe Biden ,
Penalties ,
Presidential Veto ,
Proposed Regulation ,
Reporting Requirements
The February Monthly Minute addresses new IRS electronic filing requirements, the extension of pre-deductible telehealth coverage, and the end of the public health and national emergencies’ impact on benefit plan coverage and...more
2/28/2023
/ Benefit Plan Sponsors ,
Coronavirus/COVID-19 ,
Electronic Filing ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Final Rules ,
Health Insurance Portability and Accountability Act (HIPAA) ,
IRS ,
Public Health Emergency ,
Regulatory Agenda ,
Telehealth ,
Vaccinations ,
Virus Testing
The Senate ushered in the New Year with a bang by passing SECURE 2.0 on December 22, 2022. SECURE 2.0 includes many updates to the sweeping changes brought about under 2019’s original SECURE Act legislation...more
1/31/2023
/ 401k ,
403(b) Plans ,
Employee Retirement Income Security Act (ERISA) ,
EPCRS ,
ESOP ,
IRS ,
New Guidance ,
Non-Discrimination Rules ,
Open Enrollment ,
Part-Time Employees ,
PEP ,
Retirement Plan ,
Roth IRA ,
SECURE Act ,
Student Loans
The Senate ushered in the New Year with a bang by passing SECURE 2.0 on December 22, 2022. SECURE 2.0 includes many updates to the sweeping changes brought about under 2019’s original SECURE Act legislation. The following are...more
1/27/2023
/ 401k ,
Automatic Enrollment ,
Employee Benefits ,
Employer Liability Issues ,
ESOP ,
Health Insurance ,
Internal Revenue Code (IRC) ,
IRS ,
Life Insurance ,
New Legislation ,
Pensions ,
PEP ,
Required Minimum Distributions ,
SECURE Act ,
Tax Deferral
On December 23, 2022, FAQs were released outlining late-breaking RxDC Reporting Relief. Of note -
1. For the 2020 and 2021 data submissions that are due by December 27, 2022, the Departments will not take enforcement...more
The December Monthly Minute highlights the IRS’ decision to make permanent the ACA individual-reporting extension and EBSA’s restoration of $1.4B as a result of its FY22 enforcement actions....more
12/21/2022
/ Beneficiaries ,
EBSA ,
Employee Benefits ,
Employees ,
Employer Liability Issues ,
Final Rules ,
Form 1095 ,
IRS ,
Large Employer ,
Minimum Essential Coverage ,
Self-Insured Health Plans
The November Monthly Minute examines the new DOL final rule addressing fiduciary duties relating to ESG investing and shareholder rights, and a DOL proposed rule that would permit self-correction of late employee...more
The October Monthly Minute highlights a class action that hinges on deficient COBRA notices, the new 2023 benefit plan limits, and a case that held the benefit plan provisions in effect at the time of a claim denial control....more
The September Monthly Minute reports on the IRS’ new amendment extension deadline with respect to coronavirus-related distributions and qualified disaster distributions, a recent $131.8 million settlement stemming from...more
9/28/2022
/ Benefit Plan Sponsors ,
CARES Act ,
Coronavirus/COVID-19 ,
Filing Deadlines ,
Fraud ,
Healthcare ,
Individual Retirement Account (IRA) ,
Investment ,
Investors ,
IRS ,
Relief Measures ,
Retirement Plan ,
SECURE Act ,
Stocks ,
Tax Extensions ,
Tax Litigation
In the August Monthly Minute, we explore the IRS’ recent announcement delaying the deadline to amend retirement plans for SECURE Act and CARES Act changes....more
The July Monthly Minute addresses a steep settlement and corrective action plan resulting from a widespread HIPAA breach, along with recent employer-friendly cases that highlight judicial support for inclusion of actively...more
7/28/2022
/ 401k ,
Data Breach ,
Department of Health and Human Services (HHS) ,
Electronic Protected Health Information (ePHI) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Hackers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Investigations ,
Investment ,
Investment Funds ,
Malware ,
Penalties
The June Monthly Minute provides updates on machine readable file posting rules, the IRS’ new plan examination pilot program, and the upcoming PCORI fee and filing requirements. ...more
COVID-19 Testing Denial Serves as Basis for ERISA Litigation
This month, a New Jersey district court allowed a provider’s ERISA claim for reimbursement against an insurer that refused to cover COVID-19 tests to continue....more
The April Monthly Minute addresses the newly extended HSA/telehealth rule and IRS proposed rules that reconsider family PTC eligibility and affordability.
Last month, the Consolidated Appropriations Act of 2022 was passed...more
In the March Monthly Minute, we review IRS proposed regulations implementing the SECURE Act, DOL guidance on cryptocurrency investments, and the extended National Emergency “Outbreak Period” guidance.
Crypto-Curious vs....more
3/31/2022
/ 401k ,
Biden Administration ,
Coronavirus/COVID-19 ,
Cryptocurrency ,
Defined Contribution Plans ,
Department of Labor (DOL) ,
Digital Assets ,
Employee Benefits ,
Fiduciary Duty ,
Investment Management ,
Investment Opportunities ,
IRS ,
Required Minimum Distributions ,
Retirement Plan
The February Monthly Minute examines the DOL’s recent focus on mental health parity compliance, the Hughes vs. Northwestern University retirement plan fee litigation, and the latest COVID-19 testing coverage guidance....more
2/24/2022
/ Breach of Duty ,
Consolidated Appropriations Act (CAA) ,
Coronavirus/COVID-19 ,
Defined Contribution Plans ,
EBSA ,
Employee Benefits ,
Employer Group Health Plans ,
Excessive Fees ,
Fiduciary Duty ,
Health Insurance ,
Hughes v. Northwestern University ,
Infectious Diseases ,
Investment Opportunities ,
Mental Health Parity Rule ,
MHPAEA ,
NQTLs ,
Retirement Plan ,
SCOTUS ,
Virus Testing
The January Monthly Minute highlights the new OTC COVID-19 test coverage mandate (eff. January 15, 2022), group health plan provider compensation disclosure rules, and updated standards for ERISA plan financial statement...more
1/21/2022
/ Biden Administration ,
Compensation & Benefits ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
Health Insurance ,
Infectious Diseases ,
Medical Reimbursement ,
New Regulations ,
Over The Counter Drugs (OTC) ,
Virus Testing ,
Workplace Safety