Anti-assignment clauses in ERISA health plans are useful to plan sponsors in fending off lawsuits by out-of-network providers. Federal courts have consistently upheld anti-assignment provisions contained in the plan document...more
Anti-assignment clauses in ERISA health plans are useful to plan sponsors in fending off lawsuits by out-of-network providers. Federal courts have consistently upheld anti-assignment provisions contained in the plan document...more
Recently, the Supreme Court released its decision in Rutledge v. Pharmaceutical Care Management Association. The case considers whether the Employee Retirement Income Security Act of 1974 (“ERISA”) preempts an Arkansas state...more
1/8/2021
/ Drug Pricing ,
Employee Retirement Income Security Act (ERISA) ,
Health Insurance ,
Pharmaceutical Industry ,
Pharmacies ,
Pharmacy Benefit Manager (PBM) ,
Preemption ,
Prescription Drug Coverage ,
Prescription Drugs ,
Rutledge v Pharmaceutical Care Management Association ,
SCOTUS
Recently the U.S. Department of Labor (“DOL”) announced a new voluntary safe harbor rule that will allow retirement plan sponsors to post plan disclosures online or deliver them to participants by email in satisfaction of...more
As employers and employees adjust to the changes caused by this unprecedented global pandemic, preserving access to and protecting elections under group health and welfare plans are hot topics on many minds. To further assist...more
The Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) was signed into law on March 27, 2020. Section 2301 of the CARES Act provides for a refundable payroll tax credit (the “Retention Credit”) for 50% of...more
The CARES Act made significant changes to the law governing the confidentiality of substance use treatment records. When the President signed the CARES Act on March 27, 2020, most of the focus was on the appropriations of...more
Public companies and their boards can look to the recently released guidance of ISS and Glass Lewis when considering best therapies to address corporate governance and broader environmental, social and governance issues. The...more
We want to enable our personnel to work from home during this health crisis. What do we need to worry about from a privacy and cybersecurity perspective?
1.Equipment. Personnel working remotely will need equipment, and you...more
On March 27, 2020, President Trump signed the Coronavirus Aid, Relief, and Economic Security Act or the “CARES Act”, into law. The CARES Act will provide significant financial relief to individuals and small businesses,...more
On March 27, 2020, President Trump signed the Coronavirus Aid, Relief, and Economic Security Act or the “CARES Act”, into law. The CARES Act will provide significant financial relief to individuals and small businesses,...more
In a matter of a few weeks, the COVID-19 pandemic has caused drastic changes to our businesses and personal lives. The effects are already substantial, from those personally affected by illness and shelter-in-place orders to...more
As we first reported on July 24, 2019 (and updated on September 24, 2019), an amendment of New York’s data breach notification law—the Stop Hacks and Improve Electronic Data Security Act, commonly referred to as the SHIELD...more
We are now a few months into 2020 and we should all be feeling more SECURE in our retirement, as a result of the “Setting Every Community Up for Retirement Enhancement Act of 2019” (“SECURE Act”). Below is a brief summary of...more
The IRS has been issuing the 2017 Employer Shared Responsibility Penalty (ESRP) assessments (Letter 226-J). The Letter 226-J provides the IRS’ determination of whether an “applicable large employer” may be liable for an ESRP...more
New York’s latest attempt to strengthen its breach notification requirements to protect New York residents’ private information—the Stop Hacks and Improve Electronic Data Security Act, commonly referred to as the SHIELD Act...more
Beginning on January 1, 2020, the California Consumer Privacy Act of 2018 (CCPA) will impose new privacy obligations on certain businesses that collect personal information of California consumers. Employers with employees in...more
Beginning on January 1, 2020, the California Consumer Privacy Act of 2018 (CCPA) will impose new privacy obligations on certain businesses that collect personal information of California consumers and are (or are jointly with...more
On two fronts, the Human Resources department has an increasingly important role in the privacy and security of an organization’s data. On the one hand, HR collects, uses, retains, stores, and disposes of personal information...more
We recently reported on New York’s latest attempt to strengthen its breach notification requirements to protect New York residents’ private information —the Stop Hacks and Improve Electronic Data Security Act, commonly...more
With the recent passage of SB 220, Nevada has become the latest state to regulate consumer privacy online by allowing individuals to opt-out of certain sales of their information. Although SB 220 is not a comprehensive data...more
The 2019 Texas legislative session recently passed a new bill on the consumer privacy front that strengthens the breach notification obligations under the Texas Identity Theft Enforcement and Protection Act (“TITEPA,” located...more
Beginning on January 1, 2020, the California Consumer Privacy Act of 2018 (“CCPA”) will impose new privacy obligations on certain businesses that collect personal information of California consumers. Employers with employees...more
Effective January 1, 2020, the California Consumer Privacy Act of 2018 (“CCPA”) will impose new privacy obligations on certain businesses that collect personal information of residents of California and are responsible for...more
Beginning on January 1, 2020, the California Consumer Privacy Act of 2018 (“CCPA”) will impose new privacy obligations on certain businesses that collect personal information of California consumers and are (or are jointly...more