News & Analysis as of

Employee Retirement Income Security Act (ERISA) Patient Protection and Affordable Care Act (PPACA) Employer Liability Issues

Fisher Phillips

Employer Impact Guide to the Supreme Court’s 2024-2025 Term: 12 Cases That Reshaped Your Workplace, Industry, or Litigation...

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As the Supreme Court prepares for its next term to begin October 6, let’s look back on all the SCOTUS cases from the past year that impacted your workplace, industry, and litigation exposure. Here’s a quick guide to 12 times...more

Fisher Phillips

Rising ERISA Class-Action Lawsuits Over Tobacco Surcharges in Health Plans: What Employers Need to Know + 6 Steps to Stay...

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A wave of ERISA class-action lawsuits is challenging tobacco surcharge programs in employer-sponsored health plans across the U.S. These cases center on potential fiduciary breaches, with plaintiffs arguing that surcharges...more

Bass, Berry & Sims PLC

2024 ERISA Welfare Plan Automatic Participant Disclosures Checklist

Bass, Berry & Sims PLC on

We recognize that many companies sponsor ERISA welfare benefit plans and will soon be undergoing their open enrollment process and issuing related participant communications. To assist with that process, we have prepared an...more

McDermott Will & Schulte

Group Medical Captives, Level Funding and US Healthcare Policy

In a recent article in Managed Healthcare Executive, Peter Wehrwein examines the trend of self-funding of group health benefits by smaller employers who used to depend mainly or entirely on fully insured programs....more

Verrill

Can a Self-Funded Group Health Plan Exclude Coverage for Gender-Affirming Care?

Verrill on

We are sometimes asked whether a self-funded group health plan is required to cover gender-affirming medical services. As this post explains in detail, it is generally impracticable for a self-funded ERISA-covered plan to...more

Morgan Lewis - ML Benefits

Managing Welfare Plan Risk: The Fiduciary Committee

Fiduciary committees have long been established in connection with retirement plans to manage the investment, legal compliance, and operational risks that can arise under the Employee Retirement Income Security Act of 1974,...more

McDermott Will & Schulte

Special Report - Funding Employer-Sponsored Group Health Coverage: The Group Captive Solution - November 2023

McDermott Will & Schulte on

Employer-sponsored health insurance covers almost 159 million non-elderly US workers and their dependents, and employees and jobseekers alike view group health coverage as the single most important non-cash job-related...more

Bass, Berry & Sims PLC

COVID-19: Health and Welfare Plan Issues

Bass, Berry & Sims PLC on

This set of FAQs is part of a series dealing with the impact of COVID-19 on businesses. Government-mandated protocols and social distancing directives as a result of the COVID-19 pandemic have led to significant business...more

Proskauer Rose LLP

ERISA Newsletter - Fourth Quarter 2019

Proskauer Rose LLP on

Editor's Overview - Happy New Year. We wrap-up 2019 with an article that reflects on significant developments in ERISA litigation during 2019, and takes a look at what's on the horizon for 2020. The courts (at all levels)...more

Fisher Phillips

A Decade In Review: Workplace Law In The 2010’s

Fisher Phillips on

When the calendar turned to January 1, we not only saw the dawn of a new year but the beginning of a new decade. It’s natural, at such a turning point, to spend some time looking back on what has transpired in the past 10...more

Snell & Wilmer

2019 End of Year Plan Sponsor “To Do” List (Part 1) Health & Welfare

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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

Bass, Berry & Sims PLC

2019 ERISA Welfare Plan Checklist

Bass, Berry & Sims PLC on

We recognize that many of our clients sponsor ERISA welfare benefit plans and are currently undergoing their open enrollment process and issuing related participant communications. To assist our clients with that process, we...more

Davis Wright Tremaine LLP

Cutting Employee Hours to Avoid ACA Requirements Costs Employer $7.4 Million

In response to the Affordable Care Act’s (ACA) 30-hour threshold for employee coverage, many employers, including retailers and restaurants, considered cutting employee hours to avoid offering health insurance....more

Best Best & Krieger LLP

DOL Exempts Franchise Business Owners from Joint-Employer Liability - New Rule a Welcome Change to Franchise Owners and Small...

Under a recent Department of Labor ruling, franchise business owners that band together to form Association Health Plans are precluded from joint-employer liability that may arise from that relationship....more

Jones Day

Direct Contracting 101: Collaborations Between Employers and Health Care Providers

Jones Day on

As employers continue to encounter escalating health care costs, many are exploring the "direct contracting" option, which allows for direct service and pricing negotiations with health care providers. While the direct...more

Mintz - Employment Viewpoints

The Department of Labor’s Newly Issued Association Health Plan Proposed Regulations Include Welcome Changes for Employers But...

On January 3, 2018, the Department of Labor issued proposed regulations that will make it easier for small employers to band together to form “association health plans” (“AHPs”), thereby providing access to more liberal...more

Kilpatrick

Association Health Plans Will Profoundly Affect the Health Plan Marketplace

Kilpatrick on

A newly issued proposed rule significantly relaxes the Department of Labor requirements that currently limit the availability of association health plans (AHPs) and if finalized in its currently form will profoundly affect...more

Fisher Phillips

President Trump Once Again Attempts To Dismantle The Affordable Care Act

Fisher Phillips on

After multiple failed attempts by Congress to reform the Affordable Care Act (ACA), President Trump announced several weeks ago that the federal government would stop making subsidy payments to insurers who sell coverage...more

Epstein Becker & Green

No Tricks, We Treat You to Five Developments in the Intersection of Health Care and Employment Law

Epstein Becker & Green on

Almost ten months into the Trump Administration, the executive and legislative branches have been preoccupied with attempting to repeal and replace the Affordable Care Act (“ACA”) – but each attempt has thus far proved...more

Spilman Thomas & Battle, PLLC

Spring Cleaning Comes Early: The Affordable Care Act and the Importance of Updating ERISA Plan Documents

The year 1974 was a watershed for employee benefits. For the first time, the federal government undertook the complicated task of providing a statutory and regulatory framework for employee benefit plans and employee pension...more

Alston & Bird

Lawsuits Are Focused on Wellness Program Compliance. Are You?

Alston & Bird on

Wellness programs are a win-win for everybody – until administrators run afoul of ambiguous rules and regulations. Our Employee Benefits & Executive Compensation Group analyzes two recent lawsuits that could impact program...more

Jackson Lewis P.C.

Employee Benefit Issues to Keep You Awake at Night

Jackson Lewis P.C. on

Last week I made a presentation in the Omaha office of Jackson Lewis with the above title. I thought it might be helpful to outline the basic points of my presentation.  The following items should keep you awake at night...more

Conn Maciel Carey LLP

As Retaliation Claims Rise, Employers Face New Challenges Under Employment, OSHA and Health Care Laws

Conn Maciel Carey LLP on

As we discussed in a recent webinar, employers are facing an increased risk of defending a retaliation complaint as administrative policy changes and expansive federal laws make asserting these claims easier for employees....more

Alston & Bird

Employee Benefits & Executive Compensation Advisory: The ACA: New Concerns for Employer Plan Sponsors Under the Fair Labor...

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The Affordable Care Act (ACA) anti-retaliation provisions have been in effect for several years, but have so far largely gone unnoticed. Now that employees can get financial assistance through the Health Insurance...more

Miles & Stockbridge P.C.

Popularity and Pitfalls of Wellness Plans for Employers

Recently, wellness programs have gained popularity in the workplace. Approximately one half of all employers offer some kind of wellness program. This is due, in part, to the notion that healthy employees are more productive...more

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