News & Analysis as of

Health Insurance Americans with Disabilities Act (ADA)

Benesch

Dental/DSO Intelligence Monthly Report: July 2025

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As government scrutiny of the healthcare industry intensifies, enforcement agencies are casting wider nets to recover funds based on narrowly interpreted violations. This puts not only healthcare providers but also those...more

Venable LLP

SCOTUS Limits ADA Lawsuits by Retirees Over Post-Employment Benefits

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In a June decision, the Supreme Court limited retirees' ability to bring Americans with Disabilities Act (ADA) lawsuits, finding that the ADA generally does not allow claims by retirees or protect post-employment health...more

Gould + Ratner LLP

SCOTUS: ADA Doesn’t Extend to Retired Employees

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The United States Supreme Court has determined that the Americans with Disabilities Act (“ADA”) does not extend to discrimination claims from retired employees. In an 8–1 decision issued on June 20, 2025, the Court held that...more

Stotler Hayes Group, LLC

Still Stuck in the (Utah) Gap: How the “Miller Trust” Punishes the Most Vulnerable

For those seeking Medicaid coverage to pay for their care in a skilled care setting, like a nursing home, the Medicaid process can be daunting. For institutional Medicaid approval, an applicant must prove that they are...more

Constangy, Brooks, Smith & Prophete, LLP

SCOTUS wraps it up: Four lessons for employers

"Reverse discrimination," ADA, religion, and nationwide injunctions. The 2024-25 term of the U.S. Supreme Court is over. Two decisions at the end of the term directly addressed employment law issues, and two others will have...more

Keating Muething & Klekamp PLL

Benefits Monthly Minute - June 2025

(Very!) hot off the press, the June Monthly Minute brings you up to speed on a new SCOTUS decision addressing retiree rights to sue under the ADA, proposed HIPAA security updates and Department of Labor guidance on...more

Jackson Lewis P.C.

Timing Is Everything: SCOTUS Shuts Down Retiree’s ADA Post-Employment Benefits Claim

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Do former employees have the right to sue their previous employer under Title I of the Americans with Disabilities Act (ADA) for discrimination in the administration of post-employment fringe benefits? Resolving a circuit...more

Troutman Pepper Locke

Navigating Legal Strategies for Covering GLP-1s in Self-Insured Medical Plans — Employee Benefits and Executive Compensation...

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In this episode of Troutman Pepper Locke's Employee Benefits and Executive Compensation podcast, hosts Lydia Parker and Lynne Wakefield explore the complex legal landscape surrounding the coverage of GLP-1s prescribed for...more

Freeman Law

The FMLA – A Detailed Review of the Family and Medical Leave Act

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The FMLA and the employment rights and circumstances it seeks to protect are many times complicated and delicate to address in real-time. Employees and employers alike can find themselves frustrated with understanding the...more

Groom Law Group, Chartered

District Court Dismisses Weight Loss Drug Discrimination Suits

The U.S. District Court for the District of Maine recently dismissed two separate suits alleging that health plans’ coverage exclusion for weight loss drugs constitutes unlawful disability discrimination. Both complaints...more

Keating Muething & Klekamp PLL

Benefits Monthly Minute - April 2025

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

Verrill

The GLP-1 Coverage Conundrum: Managing Costs for Group Health Plans

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Many employers are facing challenges in incorporating high-cost GLP-1 medications, such as Mounjaro, Ozempic, Rybelsus, Trulicity, and Wegovy, into their group health plans, as they must balance the cost to the group health...more

Parker Poe Adams & Bernstein LLP

Supreme Court Hears Arguments on ADA Retiree Discrimination Claims

On Monday, the U.S. Supreme Court heard oral arguments in a case that could have significant impacts on employee retiree medical insurance plans. In Stanley v. City of Sanford, a retired city employee alleges that Sanford’s...more

Warner Norcross + Judd

Holy Smokes: Is Your Tobacco Surcharge Program Compliant?

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A “tobacco surcharge” is part of many employers’ wellness programs, where the employer charges tobacco users higher health insurance premiums than non-tobacco users. A typical tobacco surcharge program will ask an employee if...more

Mitratech Holdings, Inc

Protecting Pregnant Employees: A Closer Look at PWFA and FMLA

Both the Pregnant Workers Fairness Act (PWFA) and the Family Medical Leave Act (FMLA) play a crucial role in supporting pregnant employees, each offering unique protections. Understanding these differences is key to creating...more

Stotler Hayes Group, LLC

Holding State Medicaid Agencies Accountable: A Federal Court Issues Ruling on Deficiencies and Discrimination in TennCare

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“Poor, disabled, and otherwise disadvantaged Tennesseans should not require luck, perseverance, or zealous lawyering to receive healthcare benefits they are entitled to under the law.” - Waverly D. Crenshaw, Jr., United...more

McAfee & Taft

Employee loses ADA lawsuit for failing to engage with employer over alternative accommodations

McAfee & Taft on

A federal appeals court in Tennessee recently upheld an order dismissing a former teacher’s disability bias lawsuit, finding that the teacher’s failure to engage in discussions with his employer over alternative...more

Bricker Graydon LLP

Summer's Hot Debate: Does a Self-Funded Group Health Plan Cover Gender-Affirming Care?

Bricker Graydon LLP on

As the temperatures continue to rise, regulations and litigation related to employer-sponsored group health plans have followed suit. As these new rules continue to evolve, we are often asked whether a self-insured group...more

Benesch

Dental/DSO Intelligence Monthly Report: March 2024

Benesch on

On Feb. 27, the FBI and HHS issued a warning urging network defenders to review their joint advisory for healthcare organizations to protect against malicious activity after a ransomware group leader said it will be focusing...more

McGlinchey Stafford

Is a Former Employee Protected by the ADA? - McGlinchey Commercial Law Bulletin - October 20, 2023

McGlinchey Stafford on

Hanneman Family Funeral Home & Crematorium v. Orians, Slip. Op. 2023-Ohio-3687. In this discretionary appeal, the Ohio Supreme Court clarified what constitutes a trade secret under Ohio’s Uniform Trade Secrets Act and...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Gregg Orr Auto Collection for Disability and Age Discrimination

Company Fired Longtime Employee to Avoid Health Care Costs, Federal Agency Charges - BIRMINGHAM, Ala. – Gregg Orr Auto Collection, Inc., a company that provides administrative and operations services for a group of related...more

Bass, Berry & Sims PLC

2022 ERISA Welfare Plan Automatic Participant Disclosures Checklist

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

Benesch

Benesch DSO Intelligence Bi-Monthly Report: July - September 2022

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Insurance reimbursements remained stagnant despite higher operating costs for dental practices - According to an August poll by the American Dental Association’s Health Policy Institute, insurance reimbursements have not...more

Pillsbury - Policyholder Pulse blog

Abortion as an Employee Health Benefit – How to Protect against Potential Liability Post-Dobbs

Amazon. Bank of America. Citigroup. Dick’s Sporting Goods. JP Morgan. Kroger. Meta. Microsoft. Procter & Gamble. Target. Walt Disney Company. These are just a few of what is a growing list of companies that have offered to...more

Burr & Forman

What Employers Need To Know in a Post-Roe World

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On June 24, 2022, the Supreme Court issued its decision in Dobbs v. Jackson Women’s Health Organization, overturning Roe v. Wade, the 1973 ruling that protected a woman’s right to have an abortion. In Dobbs, the Supreme Court...more

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