The February Monthly Minute highlights a new online ACA reporting alternative, the DOL’s temporary policy regarding escheatment of small retirement benefits owed to missing participants, and new guidance clarifying the gag...more
2/25/2025
/ Affordable Care Act ,
Beneficiaries ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Gag Clauses ,
IRS ,
Missing Plan Participants ,
New Guidance ,
Reporting Requirements ,
Required Forms ,
Retirement Plan ,
Unclaimed Property
The January Monthly Minute highlights a recent Texas court decision holding ESG investing violated ERISA and a new development in the J&J prescription drug case that found plaintiff lacked standing to sue, and also digs into...more
1/29/2025
/ Beneficiaries ,
Benefit Plan Sponsors ,
Class Action ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Enforcement Actions ,
Environmental Social & Governance (ESG) ,
Fiduciary Duty ,
Investment ,
Lost Earnings ,
Retirement Plan ,
Risk Management ,
Self-Correction Programs
The September Monthly Minute highlights the DOL’s extension of existing cybersecurity guidance to health and welfare plans and also addresses the new HIPAA reproductive health privacy rule....more
9/19/2024
/ Cybersecurity ,
Data Security ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Health and Welfare Plans ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
HIPAA Privacy Rule ,
Internet ,
New Regulations ,
New Rules ,
Online Platforms ,
Personal Data ,
Privacy Laws ,
Regulatory Agenda ,
Reproductive Healthcare Issues
The July Monthly Minute considers the impact of the Supreme Court’s Loper decision in overturning the longstanding Chevron deference standard, along with a district court case awarding penalties for failing to produce plan...more
7/29/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Federal Trade Commission (FTC) ,
Government Agencies ,
Healthcare ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Pharmacy Benefit Manager (PBM) ,
Regulatory Authority ,
SCOTUS ,
Statutory Interpretation
The June Monthly Minute highlights recent DOL guidance on annuity provider selection for defined benefit plans and IRS Q&As that provide details on SECURE 2.0’s optional emergency and domestic abuse victim distributions for...more
The April Monthly Minute looks at a recent court decision highlighting ERISA’s preemptive power in response to a 401(k) garnishment claim and explores the DOL’s latest steps towards creating an online search tool intended to...more
The March Monthly Minute digs into an Ohio district court ruling that rejected application of a medical plan exclusion, missing participant guidance and related audit concerns, and responses to the Change Healthcare...more
4/1/2024
/ Cyber Attacks ,
Cybersecurity ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Health Insurance ,
Healthcare ,
Missing Plan Participants ,
Occupational Injury ,
Policy Exclusions
The July Monthly Minute introduces Part I of our mental health parity update and provides highlights of the newly released proposed rules under the MHPAEA.
Part I: New Proposed Rules Addressing Mental Health Parity...more
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 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
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 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