In case you missed it, this post recaps some key False Claims Act (FCA) decisions and case updates from the second quarter of this year. Courts weighed in on the FCA’s anti-retaliation provision, its first-to-file bar, and...more
On June 28, 2024, the Supreme Court issued its opinion in Loper Bright Enterprises v. Raimondo, Secretary of Commerce and Relentless, Inc. v. Department of Commerce (Loper Bright), overturning Chevron U.S.A. Inc v. Natural...more
8/22/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Covered Entities ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Employee Benefits ,
Employees ,
Employer Liability Issues ,
Final Rules ,
Gender Identity ,
Government Agencies ,
Investment Adviser ,
Loper Bright Enterprises v Raimondo ,
Mental Health Parity Rule ,
MHPAEA ,
Regulatory Authority ,
SCOTUS ,
Section 1557 ,
Statutory Authority ,
Statutory Interpretation
In the wake of the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization and subsequent state abortion bans, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services issued a...more
8/14/2024
/ Abortion ,
Covered Entities ,
Department of Health and Human Services (HHS) ,
Disclosure Requirements ,
Dobbs v. Jackson Women’s Health Organization ,
Employee Benefits ,
Employees ,
Employer Liability Issues ,
Health Insurance ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
New Rules ,
OCR ,
Privacy Laws ,
Reproductive Healthcare Issues ,
SCOTUS ,
Self-Funded Health Plans
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
5/17/2024
/ Affirmative Defenses ,
Affordable Care Act ,
Bostock v Clayton County Georgia ,
Department of Health and Human Services (HHS) ,
Discrimination ,
Employee Benefits ,
Employees ,
Employer Group Health Plans ,
Employer Liability Issues ,
Final Rules ,
Gender Discrimination ,
Gender Dysphoria ,
SCOTUS ,
Section 1557
This post was updated on February 6, 2024, to reflect the 2024 Federal Poverty Level announced in January 2024.
On August 23, 2023, the Internal Revenue Service issued Rev. Proc. 2023-29, announcing that the Affordable...more
2/7/2024
/ Affordable Care Act ,
Benefit Plan Sponsors ,
Employee Benefits ,
Employees ,
Employer Contributions ,
Employer Liability Issues ,
Health Insurance Exchanges ,
Healthcare ,
Healthcare Reform ,
Insurance Industry ,
Open Enrollment
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
Breaking news: On September 19, 2023, the Oklahoma Attorney General filed a Petition for En Banc Rehearing, challenging the Tenth Circuit panel’s decision in this case and requesting a rehearing before the full Tenth Circuit...more
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
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
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
On July 25, the Department of Labor, Department of the Treasury, and Department of Health and Human Services (the Departments) released new Proposed Rules (Proposed Rules) that clarify certain requirements imposed by the...more
8/17/2023
/ Benefit Plan Sponsors ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Enforcement ,
Mental Health ,
Mental Health Parity Rule ,
MHPAEA ,
NQTLs ,
Proposed Rules ,
U.S. Treasury
Public companies maintaining deferred compensation arrangements for their executive officers should consider how recent changes to the regulations under Section 162(m) of the Internal Revenue Code (the Code) may impact the...more
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
As part of the federal government’s response to the COVID-19 pandemic, the Internal Revenue Service (IRS), the Employee Benefits Security Administration (EBSA), and Pension Benefit Guaranty Corporation (PBGC) have recently...more
This set of FAQs is part of a series dealing with the impact of COVID-19 on businesses. Government-mandated protocols and social distancing directives as a result of the COVID-19 pandemic have led to significant business...more
4/1/2020
/ 401k ,
Coronavirus/COVID-19 ,
Employee Benefits ,
Furloughs ,
Hardship Distributions ,
Investment Adviser ,
IRS ,
PBGC ,
Popular ,
Retirement Plan ,
Vesting
This set of FAQs is part of a series dealing with the impact of COVID-19 on businesses. Government-mandated protocols and social distancing directives as a result of the COVID-19 pandemic have led to significant business...more
3/29/2020
/ Affordable Care Act ,
COBRA ,
Coronavirus/COVID-19 ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Employer Responsibilities ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Furloughs ,
Health and Welfare Plans ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Layoffs ,
Reduction in Hours
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
In January 2018, the U.S. Department of Labor (DOL) announced that final regulations affecting how some ERISA plans process claims and appeals will apply beginning April 1, 2018. As explained below, the final regulations...more
3/8/2018
/ 401k ,
403(b) Plans ,
Affordable Care Act ,
Appeals ,
Benefit Plan Sponsors ,
Claim Procedures ,
Deferred Compensation ,
Department of Labor (DOL) ,
Disability ,
Disability Benefits ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
Insurance Industry ,
New Rules ,
Pensions ,
Service Agreements ,
Severance Agreements ,
Social Security Administration (SSA) ,
Summary Plan Description