With the pandemic winding down, deadlines for employee benefit plans governed by the Employee Retirement Income Security Act (ERISA) will be resuming. Two different emergencies affect employer-sponsored group health plans:...more
2/8/2023
/ Benefit Plan Sponsors ,
COBRA ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
Filing Deadlines ,
Health Insurance Portability and Accountability Act (HIPAA) ,
IRS ,
Joint Statements ,
Public Health Emergency ,
Relief Measures ,
Time Extensions
Employers can’t say they weren’t warned.
For the second time in six months, frequently asked question (FAQ) guidance from federal regulators is calling attention to the requirement that employer-sponsored health...more
8/5/2022
/ Affordable Care Act ,
Benefit Plan Sponsors ,
Contraceptive Coverage Mandate ,
Contraceptives ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Employee Benefits ,
Employer Group Health Plans ,
Health Insurance ,
New Guidance ,
Preemption
Every six years, all preapproved defined contribution retirement plans (such as 401(k) plans) must be restated in new plan documents that have fresh approval from the Internal Revenue Service (IRS). The deadline to adopt the...more
Although the fate of the Occupational Safety and Health Administration’s (OSHA) rules remains in limbo, many employers are moving ahead with efforts to comply with the OSHA emergency temporary standard (ETS) that requires...more
11/18/2021
/ CARES Act ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employee Assistance Programs ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
Employer Mandates ,
Health Insurance Portability and Accountability Act (HIPAA) ,
OSHA ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Employers that are considering imposing health plan premium surcharges to encourage their employees to get vaccinated have clearer guidance on how to do so without running afoul of the nondiscrimination rules under the Health...more
10/7/2021
/ Affordable Care Act ,
CARES Act ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Employee Benefits ,
Employer Group Health Plans ,
Guidance Update ,
Health Insurance ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Non-Discrimination Rules ,
Plan Participants ,
Surcharges ,
Vaccinations
The Consolidated Appropriations Act (CAA), 2021 had far-reaching effects on employee benefit plans. One of the more onerous changes introduced by the CAA relates to the Mental Health Parity and Addiction Equity Act of 2008...more
More than a year into the COVID-19 pandemic, employers are happy to be more focused on vaccine issues than on issues relating to furloughs and layoffs.
As record numbers of vaccinations take place daily, many employers...more
4/22/2021
/ Americans with Disabilities Act (ADA) ,
Best Practices ,
CARES Act ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employee Assistance Programs ,
Employee Incentive Plans ,
Employee Retirement Income Security Act (ERISA) ,
Employment Policies ,
Incentives ,
Infectious Diseases ,
Paid Time Off (PTO) ,
Title VII ,
Vaccinations ,
Wellness Programs ,
Workplace Safety
On February 26, 2021, the U.S. Department of Labor, along with the U.S. Department of Health and Human Services and the U.S. Department of the Treasury, issued answers to new frequently asked questions (FAQs) interpreting...more
3/18/2021
/ CARES Act ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Employee Assistance Programs ,
Employee Benefits ,
Employee Incentive Plans ,
Employment Policies ,
Families First Coronavirus Response Act (FFCRA) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Incentives ,
U.S. Treasury ,
Vaccinations ,
Workplace Safety
As COVID-19 vaccines become available to greater swaths of the population, many employers are considering ways to incentivize employees to get vaccinated. Incentives can take many forms, including extra pay, paid time off,...more
2/16/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employee Incentive Plans ,
Employee Retirement Income Security Act (ERISA) ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Health and Safety ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Incentives ,
Infectious Diseases ,
Reasonable Accommodation ,
Vaccinations ,
Workplace Safety
The U.S. Equal Employment Opportunity Commission (EEOC) recently issued its revamped proposed rules governing employer-sponsored wellness programs. These proposed rules have been a long time coming, with the EEOC’s prior...more
The Consolidated Appropriations Act (CAA), 2021, which was signed into law December 27, 2020, includes provisions designed to increase transparency in employee health benefit plans in four key areas.
Removal of Gag Clauses...more
12/28/2020
/ Benefit Plan Sponsors ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
Internal Revenue Code (IRC) ,
Mental Health ,
Mental Health Parity Rule ,
MHPAEA ,
PHSA ,
Prescription Drugs ,
U.S. Treasury
On May 21, 2020, the U.S. Department of Labor (DOL) announced publication of its long-awaited guidance on electronic participant disclosures. The good news is that the DOL has taken a step in the right direction in easing...more
Relief from the strict employee benefit cafeteria plan mid-year election changes rules has finally arrived. In Notice 2020-29, the Internal Revenue Service (IRS) issued guidance providing cafeteria plan participants with...more
The Department of Health and Human Services (HHS) revisited the treatment of prescription drug manufacturer coupons in a proposed rule, published on February 6, 2020, that could be welcome news for employers that have been...more
The Patient Protection and Affordable Care Act (ACA) requires applicable large employers, as well as all employers that sponsor self-funded health plans, to report certain health plan coverage information. Applicable large...more
There are two key benefits takeaways for employers in the bipartisan 21st Century Cures Act, which President Obama signed into law on December 13, 2016.
The act, which passed both houses of Congress by large...more