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Gender-Affirming Care Remains a Hot Topic in 2024

Our April 9 blog post highlighted several issues to watch during 2024, one of which was gender-affirming care considerations. Just over a month later, there have now been three key developments with respect to that...more

Let the Plan Speak: First Gag Clause Attestation Due December 31, 2023

By December 31, 2023, group health plans and health insurance issuers must submit an attestation to certify compliance with the “gag clause prohibition” under the Consolidated Appropriations Act of 2021 (CAA)....more

Planning for Open Enrollment? Note the ACA Affordability Threshold Drop

On August 23, the Internal Revenue Service issued Rev. Proc. 2023-29, announcing that the Affordable Care Act (ACA) affordability threshold will be 8.39% for plan years beginning in 2024, a substantial decrease from the 9.12%...more

Flexible Spending Accounts: Require Substantiation or Risk Disqualification

On April 28, 2023, the IRS Office of Chief Counsel issued Chief Counsel Advice Memorandum 202317020 (CCA Memo), with an important reminder to employers who provide health and dependent care flexible spending arrangements...more

Tenth Circuit Rules ERISA Preempts Oklahoma PBM-Reform Law

In a win for self-funded (i.e., self-insured) health plans subject to the Employee Retirement Income Security Act of 1974, as amended (ERISA), the Tenth Circuit recently ruled that ERISA preempts provisions of an Oklahoma law...more

COVID-19: CARES Act Changes To Retirement Plans, Health Plans And other Employee Benefits

On March 27, the House voted overwhelmingly to approve H.R. 748—the Coronavirus Aid, Relief, and Economic Security Act (CARES Act)—a $2.2 trillion package with a stated purpose of providing emergency assistance and healthcare...more

COVID-19: Employer Health Insurance Expansion Under the FFCRA

The Families First Coronavirus Response Act (FFCRA), signed into law by President Trump on March 18, imposes new requirements on health plans in response to the COVID-19 pandemic. In particular, the FFCRA requires employer...more

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