2022 has proven to be a pivotal year for group health plans, as many new rules and compliance requirements take effect. Of note, the Consolidated Appropriations Act ("CAA"), signed into law on December 27, 2020, introduced a new requirement that, starting December 27, 2021, brokers and consultants Continue Reading
Update: Health Plan Considerations in the Wake of Dobbs v. Jackson Women’s Health Organization
Update This alert originally published on May 16, 2022, has been updated in light of the Supreme Court decision made on June 24, 2022, which overturned Roe v. Wade. The Bottom Line Given Roe v. Wade being overturned, plan sponsors should review their plan documents to assess current Continue Reading
Strafford Publications, Inc. Webinar | 2022 ERISA Fiduciary Duty Litigation
Mark E. Bokert, Davis+Gilbert partner and Benefits + Compensation co-chair, will be on a panel during a Strafford Publications, Inc. interactive webinar entitled "2022 ERISA Fiduciary Duty Litigation: SCOTUS Ruling in Hughes v. Northwestern University, Strategies for Counsel" on April 13 at Continue Reading
Plan Coverage of At-Home COVID-19 Testing
The Bottom Line Effective January 15, 2022, plan coverage of FDA-approved over-the-counter at-home COVID-19 diagnostic tests is mandatory. Plan sponsors should immediately contact their pharmacy benefit managers to set up mechanisms for direct coverage of at-home tests.If any questions Continue Reading
Employee Relations Law Journal | To Arbitrate or Litigate Under ERISA – That Is the Question
It is common knowledge among the benefits community that there is now a flood of class action lawsuits being filed against plan fiduciaries alleging that they have breached their fiduciary duties under the Employee Retirement Income Security Act of 1974, as amended (“ERISA”). Allegations include Continue Reading
IRS Provides Much Needed Guidance on COBRA Premium Subsidy
The Bottom Line ARPA’s COBRA subsidy presents a number of complicated administrative issues that employers, plan sponsors and administrators, and insurers alike should consider. In particular, there are a number of nuances to how the Notice may impact plan sponsors.Plan sponsors should consult with Continue Reading
Employee Relations Law Journal | ESG Investing by ERISA Plan Fiduciaries: The DOL Final Regulations
There has been a long, confusing trail of regulatory and sub-regulatory guidance issued by the U.S. Department of Labor (DOL) dealing with the standards that plan fiduciaries must meet when selecting socially conscientious investments for their retirement plan (i.e., so-called ESG investments). Most Continue Reading
COBRA Changes Under the American Rescue Plan Act of 2021
The Bottom Line President Biden signed the American Rescue Plan Act of 2021 (the Act) into law on March 11, 2021. While direct payments to certain taxpayers and extending unemployment benefits have received most of the attention in the media, the Act also provides for the federal government to Continue Reading
Regulators Clarify COVID-19 Relief Deadline Extension
The Bottom Line Plan sponsors and administrators have been grappling with how to handle the possible expiration of the extension relief granted for certain deadlines applicable to group health plans under the “Joint Notice” published in May 2020 (the 2020 Guidance). With just two days to go Continue Reading
Employee Relations Law Journal | The Department of Labor’s Final Rule Creates a New Electronic Disclosure Safe Harbor for Employee Retirement Plans
The U.S. Department of Labor (“DOL”) has issued final regulations creating a new safe harbor for electronic delivery of required disclosure documents pertaining to employee retirement plans (the “Final Rule”). In 2002, the DOL established its first electronic safe harbor (the “2002 Safe Harbor”) for Continue Reading