Friday, June 24, 2022, began with the United States Supreme Court’s publication of its decision to overturn Roe v. Wade. In Dobbs v. Jackson Women’s Health Organization (19-1392), the Supreme Court held: “The Constitution does not confer a right to abortion; Roe and Casey are overruled; and the authority to regulate abortion is returned to the people and their elected representatives.”
Articles about the Employee Retirement Income Security Act (ERISA) and other issues relating to employee benefit topics
U.S. Supreme Court Decision Overturning Roe v. Wade and the Constitutional Right to an Abortion will Impact Employee Benefits Plans
Executive Summary: Today’s Supreme Court decision in Dobbs v. Jackson Women’s Health Organization will have a significant impact on abortion procedures offered under employee benefits plans.
Transparency in Coverage Requirements – Compliance Deadline Approaching
Summary: For Health Plans, Machine-Readable Files, containing in-network provider charges and out-of-network allowed amounts and billed charges, must be posted on a public website by July 1, 2022.
Medical Travel Reimbursement Benefits Under the Supreme Court’s New Dobbs Decision
On June 24, 2022, the Supreme Court of the United States issued its highly anticipated decision in Dobbs v. Jackson Women’s Health Organization, No. 19-1392. The Dobbs decision expressly overrules the two key precedents that established and upheld a constitutional right to abortion and gives states the authority to regulate
Impacts of the Dobbs Decision on Employer Benefit Plans
As predicted, the United States Supreme Court issued its final decision in Dobbs v. Jackson Women’s Health Organization overturning the landmark 1973 case Roe v. Wade, which held the U.S. Constitution protected the right of women to terminate a pregnancy prior to the date of viability. The June 24,
ACA Transparency in Coverage Disclosure Deadline for Health Plans Is Around the Corner. Are You (and Your Provider) Ready?
In 2020, the Centers for Medicare & Medicaid Services (CMS) released the Transparency in Coverage Final Rules (TiC Final Rules) which, among other things, require non-grandfathered group health plans to post on a public website certain plan pricing information in machine-readable files (MRFs) by July 1, 2022.
RISE and SHINE – The Senate’s Initial Response to House-Passed SECURE 2.0
On March 29, 2022, the House of Representatives passed the Securing a Strong Retirement Act of 2022 (SECURE 2.0, HR 2954). SECURE 2.0 is a comprehensive bill designed to increase access to retirement savings and includes a variety of provisions that would affect employer-provided retirement plans.
On June 14, 2022,
When Health Care Systems and Life Science Companies Collaborate: Benefits and Key Issues
Group Health Plan Considerations in the Face of (Potentially) Changing Abortion Laws
On May 2, 2022, a draft opinion from the U.S. Supreme Court case Dobbs v. Jackson Women’s Health was leaked to the press, and as a result the Court is expected to overturn Roe v. Wade and Planned Parenthood v. Casey, effectively leaving the issue of abortion rights to the states. Thirteen states
Congress Considers Banning Discretionary Clauses in ERISA Plans
On May 12, 2022, the “Employee and Retiree Access to Justice Act” was introduced in the House of Representatives by Mark DeSaulnier (D-CA). Senator Tina Smith (D-MN) introduced a companion bill in the Senate. The bill seeks to ban arbitration and discretionary clauses in employer-sponsored benefit plans governed by
U.S. High Court Says No Emotional Distress Damages for Discrimination Under Rehab Act and ACA
The Supreme Court of the United States, on April 28, 2022, held that emotional distress damages are not available for private discrimination claims under the federal Rehabilitation Act of 1973 and the Affordable Care Act (ACA).
Crypto, SDBAs, and Your 401(k) Plan: What Now?
Just over a month ago, we wrote about the Department of Labor’s guidance on cryptocurrency as a 401(k) investment option, and the landscape has already shifted multiple times.
Fidelity Investments made news on April 26 when it announced its new cryptocurrency-based investment option for 401(k) plans and other investment vehicles.
Supreme Court to Consider Interplay of ERISA and Local “Play-or-Pay” Laws
The Employee Retirement Income Security Act of 1974 (“ERISA”) aims to balance the dual policies of (1) ensuring fair and prompt enforcement of rights under employee benefit plans, and (2) encouraging the creation of such plans. To strike this balance, ERISA pairs comprehensive rules regarding fiduciary responsibility with federal causes
Dealing With Undocumented Workers In ERISA Plans
Whether because of the tight U.S. labor market or flawed onboarding processes, many undocumented workers are becoming participants and accruing benefits in ERISA-governed employee benefit plans. Dealing with such plan participation adds yet another layer of administrative difficulty and legal exposure for employers who hire employees not authorized to work
U.S. Supreme Court Bars Emotional Distress Damages Under Section 504, Title VI, Title IX, ACA
The U.S. Supreme Court ruled that emotional distress damages are not recoverable in private actions to enforce statutes authorized by the Spending Clause of the U.S. Constitution. Cummings v. Premier Rehab Keller, P.L.L.C., No. 20-219 (Apr. 28, 2022).
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