In a closely watched decision, the Supreme Court has upheld the authority of the U.S. Preventive Services Task Force (Task Force), preserving the Affordable Care Act’s (ACA) requirement that health plans cover preventive...more
7/2/2025
/ Affordable Care Act ,
Appointments Clause ,
Constitutional Challenges ,
Corporate Counsel ,
Department of Health and Human Services (HHS) ,
Employer Liability Issues ,
Health Insurance ,
Healthcare ,
HIV ,
Kennedy v Braidwood Management Inc ,
Patient Access ,
Preventive Health Care ,
SCOTUS ,
Statutory Interpretation
In a move with potentially significant implications for entities subject to the Affordable Care Act, the Department of Health and Human Services (HHS) has reversed course and now contends that Section 1557 of the Affordable...more
3/13/2025
/ Affordable Care Act ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
Department of Health and Human Services (HHS) ,
Disability Discrimination ,
Employee Benefits ,
Executive Orders ,
Gender Discrimination ,
Gender Dysphoria ,
Gender Expression ,
Gender Identity ,
Health Insurance ,
Healthcare ,
LGBTQ ,
New Guidance ,
Patient Access ,
Rehabilitation Act ,
Section 1557 ,
Statutory Interpretation ,
Transgender ,
Trump Administration
Following through on a campaign theme focused on transgender issues and access to gender-affirming health care, on Friday, January 28, President Trump signed an Executive Order, titled “Protecting Children from Chemical and...more
2/12/2025
/ Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Employee Retirement Income Security Act (ERISA) ,
Equal Access ,
Executive Orders ,
Gender Expression ,
Gender Identity ,
Health Insurance ,
Healthcare ,
Healthcare Reform ,
Insurance Reform ,
LGBTQ ,
Medicaid ,
Medicare ,
Patient Access ,
Section 1557 ,
Transgender
On Monday, September 9, 2024, the Departments of Health and Human Services, Labor and Treasury (the “Departments”) issued their final rule regarding the nonquantitative treatment limitation (NQTL) comparative analysis...more
9/11/2024
/ Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Employee Benefits ,
Employer Group Health Plans ,
Final Rules ,
Health Insurance ,
Healthcare ,
Mental Health ,
Mental Health Parity Rule ,
MHPAEA ,
NQTLs ,
Proposed Rules ,
U.S. Treasury
Seyfarth Synopsis: Following years of back and forth, new final rules were published by the Department of Health and Human Services (HHS) on May 6, 2024 reinstituting the Department’s interpretation that the prohibition on...more
5/21/2024
/ Affordable Care Act ,
Covered Entities ,
Department of Health and Human Services (HHS) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Final Rules ,
Gender Identity ,
Health Insurance ,
LGBTQ ,
OCR ,
Section 1557 ,
Sex Discrimination ,
Transgender
This past Monday, the Office for Civil Rights (OCR) at the Department of Health and Human Services (HHS) issued its final rule aimed at strengthening the HIPAA Privacy rules as they are applied to reproductive health data....more
4/30/2024
/ Abortion ,
Data Privacy ,
Department of Health and Human Services (HHS) ,
Dobbs v. Jackson Women’s Health Organization ,
Final Rules ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Privacy Rule ,
OCR ,
Patient Privacy Rights ,
PHI ,
Reproductive Healthcare Issues
The agencies have finalized a portion of their proposed rules impacting so-called “junk insurance” regarding short-term limited-duration insurance, but deferred finalizing the more significant changes that would have impacted...more
Seyfarth Synopsis: Fresh on the heels of the IRS Chief Counsel Memorandum on wellness and indemnity products, discussed in our prior post here, the agencies have weighed in with more formal and more expansive guidance...more
Seyfarth Synopsis: The Consolidated Appropriations Act, 2021 (“CAA”) contains a requirement that that group health plans may not have agreements with service providers that would restrict certain information that the plan may...more
Seyfarth Synopsis: Following over a decade of protracted litigation over the Affordable Care Act, and several failed attempts by Congress to get rid of the ACA entirely, a Texas federal district court ruled on March 30, 2023...more
As we have been covering, the Supreme Court has overturned Roe v. Wade in their Dobbs v. Jackson Women’s Health Organization, leaving it to states to regulate access to abortion in their territory. The Biden Administration’s...more
Seyfarth Synopsis: The Department of Health and Human Services (HHS) has proposed changes to the required Privacy Notice under the HIPAA privacy regulations. If finalized, these would be the first significant changes to the...more
Seyfarth Synopsis: On April 11, the IRS, DOL and HHS issued a series of FAQs clarifying the scope of the FFCRA/CARES Act mandates relating to COVID-19 testing for group health plans and health insurance issuers. This post...more
4/18/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Financial Stimulus ,
IRS ,
Popular ,
Relief Measures ,
Sick Leave ,
Sick Pay ,
Tax Credits
Seyfarth Synopsis: Recent changes to the federal rules governing confidentiality of substance use disorder (SUD) patient records may require updates to agreements between group health plans and their third-party vendors....more
1/31/2020
/ Confidential Information ,
Deadlines ,
Department of Health and Human Services (HHS) ,
Employee Benefits ,
Employer Group Health Plans ,
Health Insurance ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Medicaid ,
Medical Records ,
Medicare ,
PHI ,
SAMHSA ,
Service Agreements ,
Substance Abuse ,
Third-Party Relationships
This is the one hundred and eighth issue in our series of alerts for employers on selected topics on health care reform. This series of Health Care Reform Management Alerts is designed to provide an in-depth analysis of...more
This is the ninety-first issue in our series of alerts for employers on selected topics in health care reform. This series of Health Care Reform Management Alerts is designed to provide an in-depth analysis of certain aspects...more