Earlier we discussed the Office for Civil Rights (“OCR”) of the US Department of Health and Human Services final rules relating to reproductive health care information (the “Final Rules”). In our prior blog we discussed that...more
The Office for Civil Rights (“OCR”) of the US Department of Health and Human Services recently released a final rule (“Final Rule”) to update the HIPAA Privacy Rules for reproductive health care information. The Final Rule...more
The Office for Civil Rights (“OCR”) of the US Department of Health and Human Services recently released a final rule (“Final Rule”) to update the HIPAA Privacy Rules for reproductive health care information. The Final Rule...more
In a December 2023 blog post, we discussed the HHS proposed revisions to the Part 2 regulations and that finalization of those regulations was imminent. On February 8, 2024, HHS through the Substance Abuse and Mental Health...more
Total student loan debt in the country is estimated to be over $1.7 trillion. These loans are often a great source of worry for employees and their families. Student loan repayments may be one of the largest regular...more
Over the last two years, the Office for Civil Rights (“OCR”) has released a number of proposed regulations and new guidance relating to the HIPAA privacy rules. Not to be left out, recently, the Federal Trade Commission...more
On July 20th, CMS issued an open letter to employers, plan sponsors and insurers requesting that they extend the normal 60-day special enrollment period for Medicaid and CHIP terminations of coverage....more
Many people, for one reason or another, are unable to start or expand a family. Some people look to assisted reproductive technologies (“ARTs”) to conceive a child. These ART treatments include in vitro fertilization...more
Since the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization in June, employers have been evaluating ways to protect reproductive health care rights for their employees in those states which ban or...more
On July 28, 2022, the federal regulators (referred to as the “Departments”) released a new set of FAQs (Part 54) under the Affordable Care Act (“ACA”) to clarify the scope of the preventive care mandate, in particular, with...more
Following the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, the Department of Health and Human Service (HHS) has issued several pieces of guidance regarding protections for an individual’s...more
As we previously discussed, federal regulators released FAQs on January 10, 2022 (“January FAQs”), requiring health plans to cover over-the-counter (OTC) COVID-19 tests for all participants during the pandemic, without...more
Last week we discussed on our ERISA Blog that the Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA) has become a top agenda item for plan sponsors in 2021. In this next post we will discuss the next steps that...more
On August 12, 2021, the U.S. Department of Labor announced a $15.6 million settlement related to violations of the Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA). In the news release announcing the...more
The American Rescue Plan Act of 2021 (“ARPA”) includes a provision amending the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) to provide COBRA premium assistance to eligible individuals. The ARPA COBRA...more
In May 2020, the Department of Labor jointly with the Department of Treasury and the Internal Revenue Service (the “Agencies”) released guidance delaying and extending many common deadlines for employee benefit plans. In...more
The Internal Revenue Service (IRS) released Notice 2020-76 on October 2, 2020, announcing a delay in the deadline for distribution of Forms 1095-B and Forms 1095-C to participants by employers, health insurers and other...more
The requirement for health plans to cover the cost of COVID-19 testing may seem straightforward at first glance, but implementing this requirement is becoming increasingly complex.
As brief background, Section 6001 of the...more
The Department of Labor in connection with other agencies (the “Agencies”) have released guidance delaying and extending many common deadlines for employee benefit plans. In EBSA Disaster Relief Notice 2020-01, the DOL...more
In April 2011, the U.S. Department of Labor (DOL) requested information from the public on how the DOL could structure a new safe harbor for electronic disclosures under ERISA. The DOL received hundreds of comments from...more
As employers have noticed, there is a growing wave of COBRA notice class action lawsuits filed against large employers with at least six cases being filed in 2019 alone.
In each of the cases, the plaintiffs allege that the...more
On June 13, 2019, the Department of Labor (the “DOL”), along with the Departments of Treasury and Health and Human Services, released final regulations expanding the use of health reimbursement arrangements (HRAs). Since...more
In our last blog past, we discussed the recent rule finalized by Health and Human Services regarding the calculation of the annual cost-sharing limits for health plan participants who receive financial assistance from drug...more
In our last blog past, we discussed the recent rule finalized by Health and Human Services regarding the calculation of the annual cost-sharing limits for health plan participants who receive financial assistance from drug...more
The Notice of Benefit and Payment Parameters for 2020 released by the Department of Health and Human Services (HHS) finalizes a proposed rule regarding the calculation of the annual cost-sharing limits for health plan...more