While social distancing restrictions associated with COVID-19 are on the wane, lawsuits seeking reimbursement for COVID-19 testing are on the rise. The issue is whether federal legislation passed at the onset of the Pandemic...more
The U.S. Supreme Court has dismissed the third major legal challenge to the Affordable Care Act. Dorsey and Whitney LLP attorneys say that with court challenges to the ACA no longer looming, the outlook for improvements...more
Health and retirement benefit plans subject to the Employee Retirement Income Security Act (“ERISA”) have troves of personal information regarding plan participants and their beneficiaries - e.g., participants’ age, marital...more
1/4/2021
/ Benefit Plan Sponsors ,
Corporate Counsel ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
ERISA Litigation ,
Fiduciary ,
Fiduciary Duty ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Patient Privacy Rights ,
Personal Information ,
PHI ,
Retirement Plan ,
Risk Management ,
Sensitive Personal Information
On February 26, 2020, the Supreme Court held that the term “actual knowledge” in the ERISA statute of limitations clause found in 29 U.S.C. §1113(2), ERISA §413 applicable to breach of fiduciary duty cases means “what it...more
3/26/2020
/ Actual or Constructive Knowledge ,
Appeals ,
Breach of Duty ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Intel Corp. Investment Policy Committee v. Sulyma ,
Material Disclosures ,
Retirement Plan ,
Retirement Plan Beneficiaries ,
SCOTUS ,
Split of Authority ,
Statute of Limitations
Background — fiduciary obligations vs. ERISA’s specific nod to employer stock. Courts have long struggled to determine how to reconcile ERISA’s rules explicitly allowing participants in defined contribution plans to invest in...more
According to reports, more than half of all businesses with over 200 employees ask employees to participate in biometric screening, and nearly 10% of them provide a financial incentive for employees to participate. As a part...more
12/4/2014
/ Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Biometric Information ,
Employee Benefits ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Honeywell International ,
PHI ,
Wellness Programs