The August Monthly Minute highlights new IRS guidance addressing student loan matching programs, HHS’s increases to civil monetary penalties and Form 5330 paper filing updates....more
8/28/2024
/ Benefit Plan Sponsors ,
Civil Monetary Penalty ,
Department of Health and Human Services (HHS) ,
E-Filing ,
Employee Benefits ,
Employees ,
Employer Contributions ,
Employer Group Health Plans ,
Employer Liability Issues ,
Filing Requirements ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Privacy Rule ,
HIPAA Security Rule ,
IRS ,
Medicare ,
Privacy Laws ,
Required Forms ,
SBC ,
SECURE Act ,
Student Loans
The April Monthly Minute looks at a recent court decision highlighting ERISA’s preemptive power in response to a 401(k) garnishment claim and explores the DOL’s latest steps towards creating an online search tool intended to...more
The March Monthly Minute digs into an Ohio district court ruling that rejected application of a medical plan exclusion, missing participant guidance and related audit concerns, and responses to the Change Healthcare...more
4/1/2024
/ Cyber Attacks ,
Cybersecurity ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Health Insurance ,
Healthcare ,
Missing Plan Participants ,
Occupational Injury ,
Policy Exclusions
The January Monthly Minute digs deeper into the IRS’ SECURE 2.0 implementation guidance. As promised, in the January Monthly Minute, we are providing additional details of the IRS’ SECURE 2.0 implementation guidance. Noted...more
The IRS just couldn’t wait for Christmas to gift everyone Miscellaneous Changes Under the Secure 2.0 Act of 2022! Notice 2024-2 is meant to provide guidance on discreet issues to assist with SECURE 2.0 implementation...more
The November Monthly Minute digs into the new proposed LTPT regulations, 2024 benefit limits, and the NBA health plan fraud verdict.
Indigestion from Turkey and Stuffing or the IRS’ Proposed LTPT Regulations?...more
11/29/2023
/ Benefit Plan Sponsors ,
Cost-of-Living Adjustment (COLA) ,
Criminal Prosecution ,
Employee Benefits ,
Employer Liability Issues ,
Healthcare Fraud ,
IRS ,
Proposed Rules ,
Regulatory Requirements ,
Retirement Plan ,
SECURE Act
In the October Monthly Minute, we highlight a 6th Circuit decision that puts a spotlight on the adequacy of claim procedures and related judicial standards of review, and review the Supreme Court’s unwillingness to enter the...more
The September Monthly Minute highlights yet another tobacco surcharge case brought by the DOL, reminds plan administrators to prepare and submit the first annual gag clause attestation, and addresses the newly lowered ACA...more
In Notice 2023-62, the IRS walked back the SECURE 2.0 rule that required catch-up contributions to be designated as Roth contributions except in the case of employees with compensation of $145,000 or less (indexed), by...more
The February Monthly Minute addresses new IRS electronic filing requirements, the extension of pre-deductible telehealth coverage, and the end of the public health and national emergencies’ impact on benefit plan coverage and...more
2/28/2023
/ Benefit Plan Sponsors ,
Coronavirus/COVID-19 ,
Electronic Filing ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Final Rules ,
Health Insurance Portability and Accountability Act (HIPAA) ,
IRS ,
Public Health Emergency ,
Regulatory Agenda ,
Telehealth ,
Vaccinations ,
Virus Testing
The Senate ushered in the New Year with a bang by passing SECURE 2.0 on December 22, 2022. SECURE 2.0 includes many updates to the sweeping changes brought about under 2019’s original SECURE Act legislation. The following are...more
1/27/2023
/ 401k ,
Automatic Enrollment ,
Employee Benefits ,
Employer Liability Issues ,
ESOP ,
Health Insurance ,
Internal Revenue Code (IRC) ,
IRS ,
Life Insurance ,
New Legislation ,
Pensions ,
PEP ,
Required Minimum Distributions ,
SECURE Act ,
Tax Deferral
On December 23, 2022, FAQs were released outlining late-breaking RxDC Reporting Relief. Of note -
1. For the 2020 and 2021 data submissions that are due by December 27, 2022, the Departments will not take enforcement...more
The October Monthly Minute highlights a class action that hinges on deficient COBRA notices, the new 2023 benefit plan limits, and a case that held the benefit plan provisions in effect at the time of a claim denial control....more
In the August Monthly Minute, we explore the IRS’ recent announcement delaying the deadline to amend retirement plans for SECURE Act and CARES Act changes....more
The July Monthly Minute addresses a steep settlement and corrective action plan resulting from a widespread HIPAA breach, along with recent employer-friendly cases that highlight judicial support for inclusion of actively...more
7/28/2022
/ 401k ,
Data Breach ,
Department of Health and Human Services (HHS) ,
Electronic Protected Health Information (ePHI) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Hackers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Investigations ,
Investment ,
Investment Funds ,
Malware ,
Penalties
The June Monthly Minute provides updates on machine readable file posting rules, the IRS’ new plan examination pilot program, and the upcoming PCORI fee and filing requirements. ...more
COVID-19 Testing Denial Serves as Basis for ERISA Litigation
This month, a New Jersey district court allowed a provider’s ERISA claim for reimbursement against an insurer that refused to cover COVID-19 tests to continue....more
The April Monthly Minute addresses the newly extended HSA/telehealth rule and IRS proposed rules that reconsider family PTC eligibility and affordability.
Last month, the Consolidated Appropriations Act of 2022 was passed...more
In the March Monthly Minute, we review IRS proposed regulations implementing the SECURE Act, DOL guidance on cryptocurrency investments, and the extended National Emergency “Outbreak Period” guidance.
Crypto-Curious vs....more
3/31/2022
/ 401k ,
Biden Administration ,
Coronavirus/COVID-19 ,
Cryptocurrency ,
Defined Contribution Plans ,
Department of Labor (DOL) ,
Digital Assets ,
Employee Benefits ,
Fiduciary Duty ,
Investment Management ,
Investment Opportunities ,
IRS ,
Required Minimum Distributions ,
Retirement Plan
The February Monthly Minute examines the DOL’s recent focus on mental health parity compliance, the Hughes vs. Northwestern University retirement plan fee litigation, and the latest COVID-19 testing coverage guidance....more
2/24/2022
/ Breach of Duty ,
Consolidated Appropriations Act (CAA) ,
Coronavirus/COVID-19 ,
Defined Contribution Plans ,
EBSA ,
Employee Benefits ,
Employer Group Health Plans ,
Excessive Fees ,
Fiduciary Duty ,
Health Insurance ,
Hughes v. Northwestern University ,
Infectious Diseases ,
Investment Opportunities ,
Mental Health Parity Rule ,
MHPAEA ,
NQTLs ,
Retirement Plan ,
SCOTUS ,
Virus Testing
The January Monthly Minute highlights the new OTC COVID-19 test coverage mandate (eff. January 15, 2022), group health plan provider compensation disclosure rules, and updated standards for ERISA plan financial statement...more
1/21/2022
/ Biden Administration ,
Compensation & Benefits ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
Health Insurance ,
Infectious Diseases ,
Medical Reimbursement ,
New Regulations ,
Over The Counter Drugs (OTC) ,
Virus Testing ,
Workplace Safety