Affordable Care Act, Health Insurance Portability and Accountability Act (HIPAA), Employer Liability Issues

Group Medical Captives, Level Funding and US Healthcare Policy

McDermott Will & Emery on 6/19/2024

In a recent article in Managed Healthcare Executive, Peter Wehrwein examines the trend of self-funding of group health benefits by smaller employers who used to depend mainly or entirely on fully insured programs....more

The Cost of Employee Benefits Non-Compliance Just Went Up . . . Again

Fisher Phillips on 11/30/2021

The U.S. Department of Health & Human Services (HHS) just announced increased penalty amounts for entities who violate the privacy, security, and breach notification rules under the Health Insurance Portability and...more

COVID-19: Health and Welfare Plan Issues

Bass, Berry & Sims PLC on 3/29/2020

This set of FAQs is part of a series dealing with the impact of COVID-19 on businesses. Government-mandated protocols and social distancing directives as a result of the COVID-19 pandemic have led to significant business...more

2019 End of Year Plan Sponsor “To Do” List (Part 1) Health & Welfare

Snell & Wilmer on 10/18/2019

As 2019 comes to an end, we are pleased to present our traditional End of Year Plan Sponsor “To Do” Lists. This year, we present our “To Do” Lists in four separate Employee Benefits Updates. This Part 1 covers year-end health...more

2019 ERISA Welfare Plan Checklist

Bass, Berry & Sims PLC on 10/9/2019

We recognize that many of our clients sponsor ERISA welfare benefit plans and are currently undergoing their open enrollment process and issuing related participant communications. To assist our clients with that process, we...more

K&L Gates Triage: Triage in 2019: Health Care Topics to Watch in the New Year

K&L Gates LLP on 1/31/2019

As K&L Gates begins its third season of Triage: Rapid Legal Lessons for Busy Health Care Professionals, Hilary Bowman previews several topics that the health care practice group anticipates will have a significant impact on...more

December 2018 Client Advisory

Verrill on 12/18/2018

This Client Advisory highlights important developments in the law governing employee benefit plans and executive compensation over the past year. It offers insight into what these developments mean for employers and plan...more

What Now for Wellness?

Foley & Lardner LLP on 5/8/2018

If you’re an employer trying to sponsor a wellness program for 2019, then the recent kerfuffle between the AARP and the Equal Employment Opportunity Commission (EEOC) affects you. The AARP has challenged the EEOC’s...more

Lawsuits Are Focused on Wellness Program Compliance. Are You?

Alston & Bird on 9/14/2017

Wellness programs are a win-win for everybody – until administrators run afoul of ambiguous rules and regulations. Our Employee Benefits & Executive Compensation Group analyzes two recent lawsuits that could impact program...more

Court’s Ruling Requiring The EEOC To Reconsider Its “Wellness” Regulations Is Not Necessarily A Good Thing For Employers

Haynsworth Sinkler Boyd, P.A. on 8/30/2017

The ruling in the AARP v. EEOC case may be detrimental to employers and their healthcare plans because the EEOC may either reduce the percentage of its allowable inducement (or penalty) below 30% the employee cost for...more

EEOC’s Wellness Program Incentive Regulations Rejected by the District Court

Epstein Becker & Green on 8/28/2017

On August 22, 2017, the U.S. District Court for the District of Columbia held that the U.S. Equal Employment Opportunity Commission’s (“EEOC”) regulations defining what incentives an employer may use to promote participation...more

Judge Orders EEOC to Reevaluate Wellness Program Regulations

Ballard Spahr LLP on 8/24/2017

A federal judge ruled on Tuesday that the Equal Employment Opportunity Commission (EEOC) must revisit regulations governing employee wellness programs because the agency did not provide adequate supporting information for the...more

ACA Retaliation Claim Survives Despite No Complaint About ACA Provisions

Proskauer - Whistleblower Defense on 6/8/2017

On April 28, 2017, the United States Department of Labor Administrative Review Board (“ARB”) allowed a whistleblower retaliation claim under the Patient Protection and Affordable Care Act (“ACA”) to proceed even though the...more

ACA Retaliation: A Ca$e in Point

Balch & Bingham LLP on 5/4/2017

Most EEOC retaliation charges are dismissed if the supporting evidence is flimsy. So why should employers expect ACA retaliation charges to be more costly? Here’s why: Gallas v. The Medical Center of Aurora, DOL...more

District Court Decision Upholds Employer’s Wellness Program But Signals Support for EEOC Positions Going Forward

Proskauer - Employee Benefits & Executive... on 9/27/2016

In EEOC v. Orion Energy Systems, Inc., the Eastern District of Wisconsin rejected the EEOC’s claims that Orion Energy’s wellness program violated the Americans with Disabilities Act (“ADA”). Although the court upheld the...more

EEOC Issues Final Rules on Employer Wellness Programs

U.S. Equal Employment Opportunity Commission... on 5/17/2016

Rules Address Incentives; Protect Confidentiality - WASHINGTON, DC--The U.S. Equal Employment Opportunity Commission (EEOC) today issued final rules that describe how Title I of the Americans with Disabilities Act (ADA)...more

Popularity and Pitfalls of Wellness Plans for Employers

Miles & Stockbridge P.C. on 3/23/2016

Recently, wellness programs have gained popularity in the workplace. Approximately one half of all employers offer some kind of wellness program. This is due, in part, to the notion that healthy employees are more productive...more

New Affordable Care Act FAQs Provide Guidance on Preventive Services, Wellness Programs and Mental Health Parity

Proskauer - Employee Benefits & Executive... on 11/5/2015

On October 23, 2015, the Departments of Labor, Health and Human Services and Treasury (the “Agencies”) jointly released their twenty-ninth (XXIX) set of Frequently Asked Questions (FAQs) about Affordable Care Act (ACA)...more

Going To The Heart Of Workplace Health Programs And Apps

Morrison & Foerster LLP on 10/12/2015

The wearable technology market is booming and shows no sign of slowing down anytime soon. From watches to glasses, to chips and sensors built into clothing and accessories, wearable technology seems to have reached every...more

The Affordable Care Act’s Reporting Requirements for Carriers and Employers (Part 10 of 24): IRS Issues Final Form 2015...

Mintz - Employment, Labor & Benefits... on 9/22/2015

The IRS recently issued final instructions for Forms 1094-B and 1095-B and Forms 1094-C and 1095-C . The 2015 Instructions for Forms 1094-B and 1095-B implement a suggestion we made in a previous post relating to the...more

Patient Protection and Affordable Care Act (PPACA) › Health Insurance Portability and Accountability Act (HIPAA) › Employer Liability Issues