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Senior Living Alert – Church Plan Status: Employee Benefit Plan Administration for Senior Living Facilities Associated With...

For employers that sponsor and administer employee benefit plans, various pieces of federal legislation create a multilayered regime of detailed regulatory requirements. Primarily, employer-sponsored benefit plans are...more

A New Frontier for ERISA Fee Suits: Group Health Plans

Best practices in the area of ERISA health and welfare plan governance are evolving. Concerned group health plan fiduciaries have been evaluating compliance processes while facing a set of rigorous fiduciary duties imposed by...more

IRS Issues Interim Guidance Under Expanded EPCRS

Recently, the IRS released Notice 2023-43, providing interim guidance on Section 305 of the SECURE 2.0 Act of 2022, which expanded the Employee Plans Compliance Resolution System (EPCRS), the system through which plan...more

We’ve Come to the End of the COVID-19 Outbreak Period Road: Federal Regulators Issue New Benefit Plan Guidance

On March 29, 2023, the U.S. Departments of Labor, Health and Human Services, and the Treasury (collectively, the departments) issued new guidance in the form of frequently asked questions (FAQs), Part 58, regarding the...more

Considerations for Healthcare Entities and Employers After Roe v. Wade Reversal

On June 24, 2022, in a 6-3 decision, the U.S. Supreme Court upheld the state of Mississippi’s ban on abortions after 15 weeks of pregnancy. Five justices joined Justice Samuel Alito’s opinion for the Court, with Chief Justice...more

COVID-19 and Employee Benefits #8: Updated Guidance for Health Plans on COVID-19 Testing

On Feb. 4, 2022, in response to a number of questions from various stakeholders about FAQs Part 51, regarding the requirement for individual and group health plans to cover over-the-counter (OTC) COVID-19 tests, the U.S....more

U.S. Supreme Court Reinforces ERISA Fiduciary Duty to Monitor Investment Options

On Jan. 24, 2022, the U.S. Supreme Court vacated the U.S. Court of Appeals for the Seventh Circuit’s ruling in Hughes v. Northwestern University, and remanded the case for further consideration, bringing new life to current...more

COVID-19 and Employee Benefits #7: Guidance Highlights Health Plan Coverage of COVID-19 Testing

In December 2021, amid the recent surge in COVID-19 cases, President Biden announced that the U.S. Departments of Labor, Health and Human Services, and Treasury (collectively, the departments) would issue guidance to clarify...more

COVID-19 Vaccination Incentives and Surcharges OK’d in Group Health Plan Guidance

On Oct. 4, 2021, the U.S. Departments of Labor, Health and Human Services, and Treasury (collectively, the departments) released guidance (FAQs) concerning application of the HIPAA nondiscrimination and Affordable Care Act...more

COVID-19 And Employee Benefit Plans, Part 2: CARES Act

The new Coronavirus Aid, Relief, and Economic Security Act (CARES Act), signed into law March 27, 2020, offers relief for employers and employees enduring the financial pressures of the coronavirus pandemic. Specific...more

COVID-19 and Employee Benefits: The Impact on Group Health Plans

On March 18, 2020, the Families First Coronavirus Response Act was signed into law. Among the new law’s many provisions is the requirement, effective as of the date of enactment, for group health plans to provide free novel...more

Essentials of the Families First Coronavirus Response Act

As previously reported, the Families First Coronavirus Response Act (FFCRA) passed Congress on March 18, 2020, and was signed into law by President Trump that same evening, to take effect “not later than 15 days after the...more

SECURE Act’s Impact on Large Employer Retirement Plans

The SECURE Act, signed into law on Dec. 20, 2019, contains various provisions that may impact large employer-sponsored retirement plans. In effect, the act will usher in the need for plan sponsors to reevaluate plan features,...more

New Regulations Expand Use of Health Reimbursement Arrangements

On June 20, the U.S. Departments of Labor, Treasury, and Health and Human Services (the Departments) released a final rule expanding the availability of health reimbursement arrangements (HRAs) employers can use to pay for or...more

IRS Proposes Changes to Hardship Distribution Regulations

Earlier this month, the IRS proposed changes to existing rules governing distributions from 401(k) and 403(b) plans on account of certain financial hardships. The proposed regulations reflect several statutory changes enacted...more

Expanded DOL Disability Claims Procedure Rules Become Effective April 1

After much delay and uncertainty, the U.S. Department of Labor’s final rule on disability benefit claims procedures is set to become effective April 1. The rule, which applies to ERISA employee benefit plans (including...more

The New Tax Rules for Executive Compensation and Employee Benefits

On Dec. 22, President Trump signed into law the 2017 Tax Act, the most comprehensive set of changes to the Internal Revenue Code since 1986. Some of the changes affect executive compensation and employee benefits. Because...more

Alternative to Affordable Care Act Congressional Repeal and Replace: Executive Branch Action

As part of the executive branch’s ongoing efforts to peel back portions of the Patient Protection and Affordable Care Act of 2010 and its companion statute, the Health Care and Education Reconciliation Act of 2010 (referred...more

GOP Healthcare Reform Proposal: Significant Changes for Employers: McGuireWoods Healthcare Reform Guide: Installment No. 58

This is the 58th in a series of WorkCite articles concerning the Patient Protection and Affordable Care Act and its companion statute, the Health Care and Education Reconciliation Act of 2010 (referred to collectively as the...more

Big Changes Ahead for Affordable Care Act: McGuireWoods Healthcare Reform Guide: Installment No. 57

This is the 57th in a series of WorkCite articles concerning the Patient Protection and Affordable Care Act and its companion statute, the Health Care and Education Reconciliation Act of 2010 (referred to collectively as the...more

The Scoop on MOOP: McGuireWoods Healthcare Reform Guide: Installment No. 53

This is the 53rd in a series of WorkCite articles concerning the Patient Protection and Affordable Care Act and its companion statute, the Health Care and Education Reconciliation Act of 2010 (referred to collectively as the...more

Supreme Court Says Constitution Requires States to License Same-Sex Marriages

In another blockbuster 5-4 ruling authored by Justice Kennedy, in Obergefell v. Hodges, 576 U.S. ___. ____ (2015), the U.S. Supreme Court has held that the Fourteenth Amendment to the Constitution requires a state to license...more

Supreme Court Upholds ACA Subsidies on Federal Exchanges: McGuireWoods Healthcare Reform Guide: Installment No. 51

This is the 51st in a series of WorkCite articles concerning the Patient Protection and Affordable Care Act and its companion statute, the Health Care and Education Reconciliation Act of 2010 (referred to collectively as the...more

Supreme Court Rejects Yard-Man: Ordinary Contract Principles Apply When Interpreting Retiree Medical Promises

The Supreme Court has unanimously vacated a Sixth Circuit ruling that a collective bargaining agreement (CBA) vested retirees with lifetime medical benefits. M&G Polymers USA, LLC v. Tackett, No. 13-1010, 2015 U.S. LEXIS 759...more

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