On April 22, 2024, the federal Department of Health and Human Services’ Office for Civil Rights (OCR) announced a final rule enhancing privacy protections relating to reproductive health care. Specifically, the final rule amends the Privacy Rule under the Health Insurance Portability and Accountability Act (HIPAA) to, among other things,
Articles about the Employee Retirement Income Security Act (ERISA) and other issues relating to employee benefit topics
Happy National Employee Benefits Day 2024!
To all those who work in the employee benefits arena, whether in legal, finance, benefits administration, payroll, tax, human resources, or many other disciplines, this is our annual reminder to celebrate the valuable and important work done for employees, beneficiaries, and Plan Sponsors alike.
This year, we focus on the
Automatic Enrollment: This Is The Way
Thanks to SECURE Act 2.0, newly established 401(k) and 403(b) plans must now have an automatic enrollment. The SECURE Act 2.0 was passed in December 2022 and made sweeping changes to retirement plan regulations. We discuss many of those changes in our SECURE Act 2.0 blog series.
Plans with an
Seventh Circuit Orders Pension Fund to Return Withdrawal Liability to Employer
An employer can contest a withdrawal liability assessment and ultimately prevail. That is the moral of Bulk Transport Corp. v. Teamsters Union No. 142 Pension Fund, No. 23-1563 (7th Cir. Mar. 22, 2024).
Compliance Corner: Determining Full-Time Employees for the ACA’s Employer Mandate
Federal District Court Provides Important (and Employer-Friendly) Reminders for ERISA Plan Document Requests
Don’t Set It & Forget It: Keeping up Your Fiduciary Committee
It’s hard to believe that 2024 is well underway! That means it’s a perfect time to think about an issue that might get lost in the summertime and (dare I already say) year-end shuffles: fiduciary committees.
ERISA imposes fiduciary duties on those considered a fiduciary under an ERISA-covered plan. Generally,
What Manufacturers Sponsoring Pension Plans Should Know About Class Actions Challenging Plan Assumptions
An enduring wave of novel class actions challenging the actuarial assumptions used to calculate certain pension benefits has prompted many sponsors of defined benefit pension plans to evaluate their plan’s terms for calculation various forms of benefits. In total, nearly 30 cases have been filed to date. Several of these suits are against manufacturers.
Ice Ice Baby: Developments Around IVF Benefits
A recent Alabama Supreme Court case, LaPage v. Center for Reproductive Medicine, has made headlines and raised questions about the legal implications of providing in vitro fertilization (IVF) benefits. During IVF, eggs are fertilized outside the body to create an embryo, and in the case at hand, the parents sued
ACA-Required Coverage of Contraceptive Care Remains Agency Focus
Once again, the U.S. Departments of Labor, Health and Human Services, and the Treasury have issued guidance on the Affordable Care Act’s (ACA) required coverage of contraception without cost sharing, clarifying the permitted use of reasonable medical management techniques to set coverage limitations on contraceptive care.
The DOL Issues New Guidance on PLESA
The SECURE 2.0 Act of 2022 had many retirement plan provisions, including the pension-linked emergency savings account (PLESA) that lets workers contribute money to an account in a defined contribution plan that can be used to cover unforeseen financial hardships. In consultation with the Treasury Department and the IRS, the
PLESA, Can I Have Some More?
The SECURE 2.0 Act of 2022 had many retirement plan provisions, including the pension-linked emergency savings account (PLESA) that lets workers contribute money to an account in a defined contribution plan that can be used to cover unforeseen financial hardships. In consultation with the Treasury Department and the IRS, the
Federal Regulators Unveil Revised Final Guidance for Healthcare Cybersecurity and HIPAA Compliance
On February 14, 2024, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) and the National Institute of Standards and Technology (NIST) published a new, final version of their guidance for regulated healthcare entities to follow to improve cybersecurity and compliance with the Health Insurance
Compliance Corner: ERISA Fiduciary Duties (Part 2)
Sponsoring a Group Health Plan for Employees? What Employers Need to Know About the Consolidated Appropriations Act
Employers sponsoring group health plans must understand and comply with new requirements imposed by the Consolidated Appropriations Act. On the plus side, the new compliance requirements can provide sponsors with valuable insights into the operation of their group health plans. To avoid potential liabilities, however, sponsors should act proactively to