As 2024 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 SW Benefits Updates. Part 1 addressed health and welfare plan...more
12/4/2024
/ 401k ,
403(b) Plans ,
Automatic Enrollment ,
CARES Act ,
Contribution Limits ,
Cost-of-Living Adjustment (COLA) ,
Defined Benefit Plans ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
IRS ,
Qualified Retirement Plans ,
Required Minimum Distributions ,
Retirement Plan ,
SECURE Act ,
Student Loans
We are pleased to present our annual End of Year Plan Sponsor “To Do” Lists. This year, we present our “To Do” Lists in four separate SW Benefits Updates. This Part 1 covers year-end health and welfare plan issues. Parts 2,...more
11/15/2024
/ Abortion ,
Affordable Care Act ,
Annual Reports ,
Beneficiaries ,
Benefit Plan Sponsors ,
Bostock v Clayton County Georgia ,
Cafeteria Plans ,
CARES Act ,
Chevron Deference ,
Civil Rights Act ,
COBRA ,
Compensation ,
Compliance ,
Consolidated Appropriations Act (CAA) ,
Contraceptives ,
Coronavirus/COVID-19 ,
Cost-of-Living Adjustment (COLA) ,
Cybersecurity ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Drug Pricing ,
Duty of Prudence ,
EBSA ,
Employee Retention ,
Employee Retirement Income Security Act (ERISA) ,
Fees ,
Fiduciary Duty ,
Health and Welfare Plans ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Health Savings Accounts ,
HIPAA Security Rule ,
HITECH Act ,
IRS ,
LGBTQ ,
Loper Bright Enterprises v Raimondo ,
MHPAEA ,
Notice Requirements ,
NQTLs ,
Over The Counter Drugs (OTC) ,
PCORI ,
Penalties ,
Plan Participants ,
Public Health Emergency ,
Reproductive Healthcare Issues ,
SCOTUS ,
Student Loans ,
Substance Abuse ,
Surprise Medical Bills ,
Tax Credits ,
Telemedicine ,
Third-Party Service Provider ,
Title VII ,
Transparency ,
U.S. Treasury ,
Wellness Programs
As the Employee Retirement Income Security Act (“ERISA”) celebrates its 50th anniversary, it offers us an opportunity to reflect on its transformative impact on employee benefits and retirement security. Signed into law on...more
We are pleased to present our annual 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 and welfare plan issues....more
10/12/2023
/ Abortion ,
Affordable Care Act ,
Birth Control ,
Cafeteria Plans ,
CARES Act ,
Children's Health Insurance Program (CHIP) ,
Civil Rights Act ,
COBRA ,
Consolidated Appropriations Act (CAA) ,
Coronavirus/COVID-19 ,
Cost-of-Living Adjustment (COLA) ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Dobbs v. Jackson Women’s Health Organization ,
Drug Pricing ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
Families First Coronavirus Response Act (FFCRA) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Health Plan Sponsors ,
IRS ,
MHPAEA ,
Non-Discrimination Rules ,
NQTLs ,
Out of Network Provider ,
Penalties ,
Pharmacy Benefit Manager (PBM) ,
Popular ,
Recordkeeping Requirements ,
Reporting Requirements ,
Reproductive Healthcare Issues ,
Student Loans ,
Surprise Medical Bills ,
Title VII ,
Transparency ,
Travel Time ,
Wellness Programs
We are pleased to present our annual 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 and welfare plan issues....more
10/19/2022
/ Abortion ,
COBRA ,
Consolidated Appropriations Act (CAA) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Disclosure Requirements ,
Dobbs v. Jackson Women’s Health Organization ,
Electronic Protected Health Information (ePHI) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Food and Drug Administration (FDA) ,
Health and Welfare Plans ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HRSA ,
IRS ,
MHPAEA ,
No Surprises Act (NSA) ,
Policies and Procedures ,
Popular ,
Public Health Emergency ,
Reproductive Healthcare Issues ,
Roe v Wade ,
Self-Funded Health Plans
The U.S. Supreme Court released their final opinion in Dobbs v. Jackson Women’s Health Organization on June 24, 2022. Justice Alito’s opinion closely tracked the draft opinion that was leaked on May 2, 2022. The opinion...more
As reported in our January 7, 2022 SW Benefits Blog “The DOL Asks and Answers Questions About the New Welfare Plan Fee Disclosure Rules,” group health plans must now comply with the ERISA Section 408(b)(2) disclosure...more
As is tradition, we are happy to present our End of Year Plan Sponsor “To Do” Lists. We are publishing our “To Do” Lists in four separate Employee Benefits Updates. Part 1 covered year-end health and welfare plan issues, Part...more
As 2021 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 SW Benefits Updates. Part 1 covered health and welfare plan...more
12/7/2021
/ Benefit Plan Sponsors ,
CARES Act ,
Cybersecurity ,
Defined Contribution Plans ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
IRS ,
Qualified Retirement Plans ,
Retirement Plan ,
SECURE Act
We are pleased to present our annual 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 and welfare plan issues....more
11/11/2021
/ Affordable Care Act ,
Benefit Plan Sponsors ,
CARES Act ,
COBRA ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Health and Welfare Plans ,
Plan Participants ,
Retirement ,
Retirement Plan ,
Retirement Plan Providers
As 2020 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 SW Benefits Updates. Part 1 covered health and welfare plan...more
11/30/2020
/ Benefit Plan Sponsors ,
CARES Act ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Rule ,
Qualified Retirement Plans ,
Required Amendments (RAs) ,
Required Minimum Distributions ,
Retirement Plan ,
Safe Harbors ,
SECURE Act
We are pleased to present our annual 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 and welfare plan issues....more
9/28/2020
/ Affordable Care Act ,
Anti-Discrimination Policies ,
Benefit Plan Sponsors ,
COBRA ,
Compensation & Benefits ,
Coronavirus/COVID-19 ,
Cost-of-Living Adjustment (COLA) ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
Executive Compensation ,
Families First Coronavirus Response Act (FFCRA) ,
HDHP ,
Health Insurance Portability and Accountability Act (HIPAA) ,
IRS ,
MHPAEA ,
Retirement Plan ,
Trump Administration ,
Year-End Tax Planning
With the COVID-19 pandemic putting pressure on employers and employees alike, the Department of Labor (“DOL”), Treasury (“Treasury”), and Health and Human Services (“HHS”) (collectively, the “Departments”) continue to issue...more
California recently approved Assembly Bill 1554, adding a flexible spending account notice requirement to § 2810.7 of the California Labor Code. The new law, which takes effect January 1, 2020, states...more
11/5/2019
/ Acquisitions ,
Benefit Plan Reimbursements ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
Flexible Spending Accounts ,
Labor Code ,
Mergers ,
New Legislation ,
Notice Requirements ,
Preemption ,
Summary Plan Description
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
10/18/2019
/ Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Benefit Plan Sponsors ,
Civil Rights Act ,
COBRA ,
Cost-of-Living Adjustment (COLA) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
HDHP ,
Health and Welfare Plans ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Individual Mandate ,
IRS ,
Minimum Essential Coverage ,
OFCCP ,
Retirement Plan ,
Shared Responsibility Rule ,
Title VII ,
TPAs ,
Wage and Hour
Since April 30, 2018, when the landmark California Supreme Court decision in Dynamex Operations West, Inc. v. Sup. Ct. (2018) 4 Cal.5th 903 (Dynamex) was issued, companies across the state have questioned whether the ABC...more
10/1/2019
/ ABC Test ,
Dynamex ,
Employee Benefits ,
Employee Definition ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
New Legislation ,
State Labor Laws ,
Wage and Hour
As reported in our November 7, 2018 SW Benefits Blog Zombie Benefits – Are Health Reimbursement Arrangements (“HRAs”) Back From the Dead?, the Departments of Health and Human Services, Labor, and Treasury (the “Agencies”)...more
9/11/2019
/ Affordable Care Act ,
Code Sections 4980H ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Contributions ,
Employer Group Health Plans ,
Final Rules ,
HRA ,
Qualified Small Employer Health Reimbursement Plan (QSEHRAs)
As 2018 comes to an end, we are pleased to present you with our traditional End of Year Plan Sponsor “To Do” Lists. This year, we are publishing our “To Do” Lists in four separate Employee Benefits Updates. Part 1 covered...more
The Affordable Care Act (“ACA”) has not been kind to health reimbursement arrangements (“HRAs”). Many employers got rid of HRAs, or integrated them with a major medical plan, in order to avoid significant penalties under the...more
As open enrollment approaches for the 2019 calendar year, below are some items employers may want to consider:
Wellness program changes – Many employers change their wellness programs during open enrollment. This is a...more
8/31/2018
/ Association Health Plans ,
Code Sections 4980H ,
Department of Labor (DOL) ,
Domestic Partnership ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
Federal Poverty Line ,
IRS ,
Large Employer ,
Obergefell v. Hodges ,
Open Enrollment ,
Summary of Benefits and Coverage ,
Wellness Programs
On June 21, 2018, the Department of Labor published the final association health plan (“AHP”) rule. 83 FR 28912 (June 21, 2018). The final rule is short, just shy of three pages in length (see page 28961 to 29964), and...more
7/2/2018
/ Affordable Care Act ,
Association Health Plans ,
COBRA ,
Commonality ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Final Rules ,
Health Insurance Portability and Accountability Act (HIPAA) ,
MEWAs ,
Regulatory Agenda
As 2017 comes to an end, we are pleased to present you with our traditional End of Year Plan Sponsor “To Do” Lists. This year, we are publishing our “To Do” Lists in four separate Employee Benefits Updates. Part 1 covered...more
11/21/2017
/ 401k ,
Affordable Care Act ,
Automatic Enrollment ,
Benefit Plan Sponsors ,
Best Interest Contract Exemptions ,
Department of Labor (DOL) ,
Determination Letter ,
Disability Benefits ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Rule ,
Filing Requirements ,
Form 5500 ,
Hardship Distributions ,
IRS ,
Natural Disasters ,
Proposed Rules ,
Qualified Retirement Plans ,
Retirement Plan ,
Safe Harbors ,
Summary Plan Description
As 2017 comes to an end, we are pleased to present our traditional End of Year Plan Sponsor “To Do” Lists. This year, we are presenting our “To Do” Lists in four separate Employee Benefits Updates. This Part 1 will cover...more
10/18/2017
/ 21st Century Cures Act ,
AARP ,
Affordable Care Act ,
Breach Notification Rule ,
Cadillac Tax ,
Centers for Medicare & Medicaid Services (CMS) ,
Civil Rights Act ,
Cloud Service Providers (CSPs) ,
COBRA ,
Code Sections 4980H ,
Cost-of-Living Adjustment (COLA) ,
Cost-Sharing ,
Department of Health and Human Services (HHS) ,
Disability Benefits ,
Electronic Protected Health Information (ePHI) ,
Employee Assistance Programs ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Contractors ,
Federal Poverty Line ,
Filing Deadlines ,
Form 5500 ,
Form 720 ,
Full-Time Employees ,
Health Insurance Exchanges ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare Reform ,
Information Letters ,
IRS ,
MHPAEA ,
Minimum Essential Coverage ,
Non-Grandfathered Health Plans ,
Open Enrollment ,
PCORI ,
Preventive Health Care ,
Qualified Small Employer Health Reimbursement Plan (QSEHRAs) ,
Religious Exemption ,
SBC ,
Section 1557 ,
Section 6055 ,
Section 6056 ,
Shared Responsibility Rule ,
Tax Credits ,
Tax Penalties ,
Telemedicine ,
Title VII ,
Trump Administration ,
Wellness Programs
Over the past couple years, more and more of my clients with self-funded plans have received letters from out-of-network providers appealing denied claims. The letters are usually 20 to 30 pages long, not very specific, and...more
10/11/2016
/ Anti-Assignment Clauses ,
Appeals ,
Breach of Duty ,
Denial of Benefits ,
Due Diligence ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Frivolous Lawsuits ,
Out of Network Provider ,
Plan Administrators ,
Power of Appointment ,
Revocation ,
Self-Funded Health Plans
We’ve had numerous inquiries lately about telemedicine benefits. My clients most typically ask either “is this a group health plan?” or “is it just access to another provider?” Clearly, there is much confusion surrounding...more
8/29/2016
/ Affordable Care Act ,
COBRA ,
EAP ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
Excise Tax ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Health Savings Accounts ,
IRS ,
Popular ,
Safe Harbors ,
Telemedicine