Enacted as Division BB of the Consolidated Appropriations Act, 2021, the No Surprises Act (NSA) provides federal protections against surprise billing with respect to:
- Emergency services (including post-stabilization...more
We recently reported on an FAQ issued December 23, 2022 (FAQ About Affordable Care Act and Consolidated Appropriations Act, 2021 Implementation Part 56) by the US Departments of Labor, Health and Human Services and the...more
On December 23, 2022, US Congress approved a year-end omnibus legislative package, Consolidated Appropriations Act, 2023 (CAA 2023), which consists of all 12 fiscal year 2023 appropriations bills and numerous other...more
Mark your calendars to join us for our year-in-review program that will cover key tax and employee benefits issues affecting the state and local, federal and international legal landscape. We will conclude our program with...more
12/2/2022
/ Compensation & Benefits ,
Employee Benefits ,
Events ,
Federal Taxes ,
Internal Revenue Code (IRC) ,
International Tax Issues ,
IRS ,
Local Taxes ,
State Taxes ,
Tax Liability ,
Tax Planning
Following the US Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, many employers extended travel benefits to women residing in states where abortion or reproductive health procedures may now be...more
11/29/2022
/ Abortion ,
Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Civil Rights Act ,
Corporate Counsel ,
Dobbs v. Jackson Women’s Health Organization ,
Employees ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Reproductive Healthcare Issues ,
Title VII ,
Travel Expenses
On June 24, 2022, the Supreme Court of the United States issued its decision in Dobbs v. Jackson Women’s Health Organization (Dobbs), overturning Roe v. Wade (Roe) and upending 50 years of precedent protecting a woman’s right...more
6/29/2022
/ Abortion ,
Continuing Legal Education ,
Dobbs v. Jackson Women’s Health Organization ,
Employee Benefits ,
Family Planning Clinics ,
Health Care Providers ,
Health Plan Sponsors ,
Pregnancy ,
Roe v Wade ,
SCOTUS ,
Webinars
June 24, 2022, the Supreme Court of the United States issued its decision in Dobbs v. Jackson Women’s Health Organization (Dobbs), overturning Roe v. Wade (Roe) and upending 50 years of precedent protecting a woman’s right to...more
Sometime in the next several weeks, the Supreme Court of the United States will issue its decision in Dobbs v. Jackson Women’s Health Organization (Dobbs). Based on the draft majority opinion authored by Justice Samuel Alito...more
6/14/2022
/ Abortion ,
Dobbs v. Jackson Women’s Health Organization ,
Employee Benefits ,
Employer Liability Issues ,
Family Planning Clinics ,
Health Care Providers ,
Healthcare ,
Insurance Industry ,
Planned Parenthood ,
Pregnancy ,
Roe v Wade ,
SCOTUS ,
State and Local Government
While the United States awaits the Supreme Court’s ruling in Dobbs v. Jackson, which may overturn Roe v. Wade and eliminate the federal standard for abortion access, some states are considering setting their own standards...more
On October 4, 2021, the US Departments of Labor, Treasury, and Health and Human Services (the Tri-Agencies) issued guidance regarding the application of the Health Insurance Portability and Accountability Act (HIPAA) wellness...more
11/2/2021
/ Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Discounts ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Incentives ,
New Guidance ,
Surcharges ,
U.S. Treasury ,
Vaccinations ,
Wellness Programs
In Notice 2021-58 (the Notice), the Internal Revenue Service (IRS) clarified that the one-year tolling relief periods for Consolidated Omnibus Budget Reconciliation Act (COBRA) elections and initial premium payments run...more
On May 18, 2021, the Internal Revenue Service (IRS) issued much-anticipated Notice 2021-31 (the Notice) regarding the Consolidated Omnibus Budget Reconciliation Act (COBRA) premium subsidy provisions of the American Rescue...more
6/3/2021
/ American Rescue Plan Act of 2021 ,
Beneficiaries ,
COBRA ,
Coronavirus/COVID-19 ,
Covered Employees ,
Department of Labor (DOL) ,
Eligibility ,
Employee Benefits ,
Employer Group Health Plans ,
IRS ,
Premium Subsidies ,
Time Extensions
On March 11, 2021, President Joe Biden signed the American Rescue Plan Act of 2021 (ARPA) providing Consolidated Omnibus Budget Reconciliation Act (COBRA) reform provisions and an increase in Dependent Care Assistance Program...more
On February 18, 2021, the Internal Revenue Service (IRS) issued clarifying guidance on the temporary special rules for health flexible spending arrangements (FSAs) and dependent care assistance programs (DCAPs) under Internal...more
2/25/2021
/ Cafeteria Plans ,
Carryover Basis ,
COBRA ,
Consolidated Appropriations Act (CAA) ,
Coronavirus/COVID-19 ,
Dependent Care Assistance Program (DCAP) ,
Employee Benefits ,
Employees ,
Employer Liability Issues ,
Flexible Spending Accounts ,
Grace Period ,
IRS ,
Medical Expenses ,
Reporting Requirements
On January 7, 2021, the Equal Employment Opportunity Commission (EEOC) issued proposed guidance regarding employer-sponsored wellness programs and the level of incentives employers may offer employees who participate in these...more
1/18/2021
/ Americans with Disabilities Act (ADA) ,
Benefit Plan Sponsors ,
Compliance ,
Department of Labor (DOL) ,
Discrimination ,
Employee Retirement Income Security Act (ERISA) ,
Employees ,
Employer Group Health Plans ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Proposed Rules ,
Title I ,
Title II ,
Wellness Programs
The Consolidated Appropriations Act (the “Act’”) was signed into law by the president on December 27, 2020, and includes significant health and welfare benefits provisions that affect group health plans and health insurance...more
1/12/2021
/ Carryover Basis ,
Consolidated Appropriations Act (CAA) ,
Dependent Care ,
Employer Group Health Plans ,
Employer Liability Issues ,
Flexible Spending Accounts ,
Grace Period ,
Health and Welfare Plans ,
Mental Health ,
New Legislation ,
Prescription Drug Coverage ,
Surprise Medical Bills ,
Trump Administration
On October 29, 2020, the US Departments of Health and Human Services, Labor and Treasury (collectively, the Departments) issued the Transparency in Coverage final rule (the Rule), along with a fact sheet, setting forth...more
11/11/2020
/ Affordable Care Act ,
Department of Health and Human Services (HHS) ,
Drug Pricing ,
Employer Group Health Plans ,
Final Rules ,
Health Insurance ,
Health Plan Sponsors ,
Pharmaceutical Industry ,
Prescription Drugs ,
Public Disclosure ,
Transparency
Senate Republicans failed to pass legislation to repeal and replace the Affordable Care Act last week. After voting to proceed with debate on the American Health Care Act, which was passed by the House in May, the Senate...more
8/5/2017
/ Affordable Care Act ,
Cadillac Tax ,
Cost-Sharing ,
Employer Group Health Plans ,
Form 1095 ,
Health Insurance ,
Healthcare Reform ,
Legislative Agendas ,
Repeal ,
Shared Responsibility Rule ,
Trump Administration
On June 22, 2017, Senate Republicans unveiled draft legislation to move toward repealing portions of the Affordable Care Act (ACA). The draft health care bill, known as the Better Care Reconciliation Act, was hatched behind...more
On Thursday, May 4, 2017, the US House of Representatives passed the American Health Care Act by the slimmest of margins with no Democrats voting in favor of the bill. Amendments to the original bill attracted more support...more
In a recent presentation, McDermott attorneys discussed how to prepare responses for a Department of Labor (DOL) investigative audit of a company’s health and welfare plan, including required documentation and procedures, DOL...more
In Depth -
The US Equal Employment Opportunity Commission (EEOC) recently released final wellness plan regulations providing guidance on how employer wellness programs may comply with Title I of the Americans with...more
In the last several months, plaintiffs have filed multiple class action lawsuits against plan sponsors, plan fiduciaries and stable value fund providers. These lawsuits, which have involved 401(k) plans sponsored by large...more
6/1/2016
/ 401k ,
Benefit Plan Sponsors ,
Breach of Duty ,
Class Action ,
Duty of Loyalty ,
Duty of Prudence ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Investment Adviser ,
Investment Management ,
Investor Protection ,
Retirement Plan
In Depth -
After more than five years of development and revision, the US Department of Labor (DOL) released final regulations to redefine a “fiduciary” under the Employee Retirement Income Security Act of 1974, as...more
Notice 2015-87 (the Notice) provides recent government guidance on the Affordable Care Act (ACA) employer mandate and market reforms. The Notice contains 26 frequently asked questions (FAQs) from the Internal Revenue Service...more