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On the Basis of Sex: HHS Rescinds Prior Section 1557 Guidance Interpreting Sex-Based Discrimination

The US Department of Health and Human Services (HHS) has rescinded several pieces of informal guidance, including its 2021 interpretation of Section 1557 of the Affordable Care Act (Section 1557), in response to executive...more

Biden Administration Proposes Increased Enforcement of Mental Health Parity Requirements

The US Departments of the Treasury, Labor, and Health and Human Services (the Departments) recently unveiled a proposed rule intended to increase mental health coverage through expanded plan oversight and enforcement...more

Evolving Laws and Litigation Post–Dobbs: The State of Reproductive Rights as of August 30

Federal litigation was in the spotlight last week with two major decisions related to the Biden-Harris administration’s Emergency Medical Treatment and Labor Act (EMTALA) guidance on providing abortion services as emergency...more

IRS Issues Guidance Regarding American Rescue Plan Act COBRA Subsidy

The Internal Revenue Service issued Notice 2021-31, providing the much-anticipated guidance plan sponsors, multiemployer plans, and COBRA administrators have been waiting for related to the COBRA subsidy provisions under the...more

Biden-Harris Administration’s First 100 Days Expose Priorities, Lay Groundwork for New Policies

US President Joseph Biden and Vice President Kamala Harris have consistently framed their policies with what they call the four major “crises” facing the nation: COVID-19, the economy, climate, and inequity. ...more

DOL Issues ARPA COBRA Subsidy Model Notices and FAQs

As we described in our March 15, 2021 LawFlash, the American Rescue Plan Act of 2021 (ARPA) includes a 100% COBRA premium subsidy for any employee or dependent who is a COBRA qualified beneficiary ...more

American Rescue Plan’s Health and Welfare Benefit Provisions: COBRA and DCFSA Action Items

The American Rescue Plan Act of 2021 includes a COBRA premium subsidy and increases the dependent care flexible spending account (DCFSA) limits. While the availability of the COBRA premium subsidy is a requirement, the...more

Initial Key Takeaways from the American Rescue Plan Act of 2021

President Joseph R. Biden signed the American Rescue Plan Act of 2021 on March 11, which provides $1.9 trillion in relief funds across a broad spectrum of categories, including additional support for vaccine distribution,...more

Biden Administration Issues Order on Gender Identity and Sexual Orientation

As one of his first actions in office, President Joe Biden has issued an executive order ensuring that last year’s US Supreme Court decision in Bostock v. Clayton County is applied immediately and efficiently by all federal...more

Key Takeaways from Biden Administration’s First Executive Orders

Immediately following his inauguration on January 20, US President Joseph R. Biden, Jr. began taking executive action to enact many of his administration’s initial priorities, which included a number of executive orders,...more

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