The May Monthly Minute brings you up-to-date on mental health parity enforcement relief, as well as smoker surcharge and prohibited transaction litigation.
Nonenforcement of 2024 Mental Health Parity Regulations -
Earlier...more
5/29/2025
/ 401k ,
Class Action ,
Consolidated Appropriations Act (CAA) ,
Cunningham v Cornell University ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employment Litigation ,
Fiduciary Duty ,
Health Insurance ,
IRS ,
Litigation Strategies ,
Mental Health ,
Mental Health Parity Rule ,
MHPAEA ,
NQTLs ,
SCOTUS ,
Surcharges ,
Tobacco ,
U.S. Treasury
The April Monthly Minute showers readers with some eye-opening case law updates, ranging from a $38.8M jury verdict in a 401(k) fee case, to a pair of cases involving Elevance (f/k/a Anthem) health plan coverage exclusions....more
4/30/2025
/ 401k ,
Americans with Disabilities Act (ADA) ,
Class Action ,
Disability Discrimination ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employment Litigation ,
ERISA Litigation ,
Fiduciary Duty ,
Health Insurance ,
Insurance Litigation ,
Mental Health ,
Settlement
The March Monthly Minute brings you three recent case updates addressing 401(k) forfeiture utilization, TPA responsibility for recovering self-insured plan’s fraudulently paid claims, and continued PBM litigation in the wake...more
The February Monthly Minute highlights a new online ACA reporting alternative, the DOL’s temporary policy regarding escheatment of small retirement benefits owed to missing participants, and new guidance clarifying the gag...more
2/25/2025
/ Affordable Care Act ,
Beneficiaries ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Gag Clauses ,
IRS ,
Missing Plan Participants ,
New Guidance ,
Reporting Requirements ,
Required Forms ,
Retirement Plan ,
Unclaimed Property
The January Monthly Minute highlights a recent Texas court decision holding ESG investing violated ERISA and a new development in the J&J prescription drug case that found plaintiff lacked standing to sue, and also digs into...more
1/29/2025
/ Beneficiaries ,
Benefit Plan Sponsors ,
Class Action ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Enforcement Actions ,
Environmental Social & Governance (ESG) ,
Fiduciary Duty ,
Investment ,
Lost Earnings ,
Retirement Plan ,
Risk Management ,
Self-Correction Programs
The October Monthly Minute highlights two recent retirement plan cases, one in which the court sides with the plan and emphasizes plan administrative review over specific investment results and another where plaintiffs are...more
10/23/2024
/ 401k ,
Benefit Plan Sponsors ,
Breach of Duty ,
Class Action ,
Disclosure ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
ERISA Litigation ,
Fiduciary Duty ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Loper Bright Enterprises v Raimondo ,
Regulatory Agenda ,
Retirement Plan ,
Statutory Authority ,
Statutory Interpretation
The September Monthly Minute highlights the DOL’s extension of existing cybersecurity guidance to health and welfare plans and also addresses the new HIPAA reproductive health privacy rule....more
9/19/2024
/ Cybersecurity ,
Data Security ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Health and Welfare Plans ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
HIPAA Privacy Rule ,
Internet ,
New Regulations ,
New Rules ,
Online Platforms ,
Personal Data ,
Privacy Laws ,
Regulatory Agenda ,
Reproductive Healthcare Issues
The July Monthly Minute considers the impact of the Supreme Court’s Loper decision in overturning the longstanding Chevron deference standard, along with a district court case awarding penalties for failing to produce plan...more
7/29/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Federal Trade Commission (FTC) ,
Government Agencies ,
Healthcare ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Pharmacy Benefit Manager (PBM) ,
Regulatory Authority ,
SCOTUS ,
Statutory Interpretation
The June Monthly Minute highlights recent DOL guidance on annuity provider selection for defined benefit plans and IRS Q&As that provide details on SECURE 2.0’s optional emergency and domestic abuse victim distributions for...more
The May Monthly Minute highlights litigation wins for plan fiduciaries in a 401(k) fee case and a wilderness therapy exclusion case, and also sets out the 2025 HSA, HDHP, and excepted benefit HRA COLA adjustments....more
5/31/2024
/ 401k ,
Benchmarking ,
Contract Terms ,
Cost-of-Living Adjustment (COLA) ,
Employee Retirement Income Security Act (ERISA) ,
Fees ,
Fiduciary ,
HDHP ,
HSA ,
Humana ,
Mental Health Parity Rule ,
Recordkeeping Requirements
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 February Monthly Minute discusses a class action suit alleging a breach of fiduciary duties in connection with ERISA benefit plan prescription drug pricing and the latest IRS guidance on defined contribution plan...more
2/28/2024
/ Benefit Plan Sponsors ,
Breach of Duty ,
Defined Contribution Plans ,
Drug Pricing ,
Employee Retirement Income Security Act (ERISA) ,
Employees ,
Employer Liability Issues ,
ERISA Litigation ,
IRS ,
Pharmaceutical Industry ,
Pharmacy Benefit Manager (PBM) ,
Prescription Drugs ,
Savings Plans ,
SECURE Act
Happy Holidays! The December Monthly Minute includes a fiduciary checkup reminder and a look at HHS’ recent settlement stemming from a phishing attack that impacted ePHI of nearly 35,000 individuals....more
12/21/2023
/ Benefit Plan Sponsors ,
Contract Negotiations ,
Data Breach ,
Data Protection ,
Data Security ,
Department of Health and Human Services (HHS) ,
Electronic Protected Health Information (ePHI) ,
Employee Retirement Income Security Act (ERISA) ,
ERISA Litigation ,
Fiduciary Duty ,
Fiduciary Rule ,
HIPAA Privacy Rule ,
Investment Adviser ,
Phishing Scams ,
Policies and Procedures ,
Privacy Laws ,
Request for Proposals ,
Settlement
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 March Monthly Minute highlights new proposed deadlines for use of retirement plan forfeitures, unsuccessful efforts to overturn the final ESG rule, and ACA penalty increases for 2024.
Sorry Not Sorry: Biden Vetoes...more
3/27/2023
/ 401k ,
Deadlines ,
Employee Retirement Income Security Act (ERISA) ,
Environmental Social & Governance (ESG) ,
Fiduciary Duty ,
Forfeiture ,
IRS ,
Joe Biden ,
Penalties ,
Presidential Veto ,
Proposed Regulation ,
Reporting Requirements
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...more
1/31/2023
/ 401k ,
403(b) Plans ,
Employee Retirement Income Security Act (ERISA) ,
EPCRS ,
ESOP ,
IRS ,
New Guidance ,
Non-Discrimination Rules ,
Open Enrollment ,
Part-Time Employees ,
PEP ,
Retirement Plan ,
Roth IRA ,
SECURE Act ,
Student Loans
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
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
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 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