The growing use of healthcare mobile applications and websites—and the associated use of online tracking technologies—raises privacy concerns under the Health Insurance Portability and Accountability Act (HIPAA) that developers of such applications and healthcare organizations should keep in mind. Indeed, there has been an uptick in litigations filed across
Articles about the Employee Retirement Income Security Act (ERISA) and other issues relating to employee benefit topics
Getting Healthcare in 2023 and Beyond…Virtually…and Securely
Much is being written about “remote work” – is it productive, will demand for it continue or be curtailed in a recession, is cybersecurity compromised, does it inhibit workplace culture, collaboration, etc. Lots of questions, few clear answers. The discussion seems largely centered on office workers, professional services providers like
SECURE 2.0 Series Part 3: Retirement Plan Required Minimum Distribution Age to Increase to 75
Most Americans prefer not to pay more in income tax than absolutely required or to pay taxes any sooner than necessary. This includes many retired individuals who do not need to tap into their employer-sponsored retirement plan benefits yet but are required to do so – and to pay taxes
Workin’ 9-5, What a Way to Make a Living – 401(k) Plan Eligibility for Part-Time Employees – Part 2 of the JL SECURE 2.0 Series
On December 29, 2022, President Biden signed the Consolidated Appropriations Act, 2023, and Division T of the Act contains legislation dubbed the SECURE 2.0 Act of 2022 (SECURE 2.0). SECURE 2.0 contains an important provision regarding the eligibility of part-time employees to participate in an employer’s 401(k) plan or ERISA-governed
Publicly Traded Employers Will Need to Claw Back Incentive Pay from Former and Current Executive Officers
An SEC final rule governing clawback policies takes effect on January 27, 2023. The rule requires that national securities exchanges and associations listing securities issue new listing standards with clawback requirements, which must take effect no later than November 28, 2023. Employers with stock listed on a national
More Roth, More Catch-Up, and Catch-Up As Roth, Part 1 of the JL SECURE 2.0 Series
The SECURE 2.0 Act of 2022 (SECURE 2.0) contains several provisions that allow the federal government to have its cake (more tax dollars) and eat it too (more retirement savings, easing Social Security challenges). With SECURE 2.0, we find more Roth, more catch-up, and catch-up as Roth.
More Roth
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HIPAA Regulated Entities: Website or App Tracking Technologies, Pixels Can Create Significant Compliance and Litigation Risks
Last month, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) issued a bulletin with guidance concerning the use of online tracking technologies by covered entities and business associates under the Health Insurance Portability and Accountability Act (HIPAA). The OCR Bulletin follows a significant uptick
High Deductible Health Plans: First-Dollar Coverage of Telehealth Is Back
The Consolidated Appropriations Act, 2023 (CAA 2023) holds some welcome news for employers that offer a high deductible health plan (HDHP) option paired with a health savings account (HSA).
Top 5 Changes in the SECURE 2.0 Act for Plan Sponsors and Participants
The Securing a Strong Retirement Act of 2022 included in the omnibus spending bill includes five significant changes for employers and plan sponsors:
Retirement Plan Challenges and Opportunities – SECURE 2.0 Act of 2022
Federal Regulators Offer Employer Health Plans Last-Minute Relief on Prescription Drug Reporting
Employers have a reprieve from the challenging December 27, 2022, deadline for reporting 2020 and 2021 prescription drug cost information to the U.S. Department of Health and Human Services (HHS).
New Executive Clawback Requirements Coming in 2023
Earlier this fall, the SEC adopted final rules implementing the “clawback policy” mandate under Section 954 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. This rule adoption follows proposed rules originally issued in July 2015 and two comment periods in October 2021 and June 2022. Under the final rules, stock exchanges must adopt listing standards requiring issuers to implement policies for the recovery of erroneously issued incentive-based compensation.
Secure 2.0 in the Consolidated Appropriations Act, 2023
As expected, the SECURE 2.0 Act of 2022 (SECURE 2.0), an extensive piece of legislation aimed at retirement plan reform, is included in the Consolidated Appropriations Act, 2023 (the Spending Bill). The 4,000+ page, $1.7 trillion Spending Bill was released early morning on Tuesday, December 20, with a passage deadline
First Circuit Creates New Fiduciary Duty Under ERISA for Insurers Accepting Group Premiums from Employers
First Circuit held that an insurer has a fiduciary duty under ERISA to verify individual employee eligibility for group benefit plan coverage at or near the time of enrollment. Insurers can shift the duty of eligibility verification to employers through the plan’s language.
DOL Issues Final Rule for ERISA Fiduciaries Considering Socially Conscious Investments
Employers offering 401(k) and similar retirement plans should familiarize themselves with a new rule published by the Employee Benefits Security Administration of the U.S. Department of Labor, Prudence and Loyalty in Selecting Plan Investments and Exercising Shareholder Rights, which takes effect on January 30, 2023.