Fixed indemnity health plans are plans that pay to covered individuals fixed amounts for certain medical services regardless of the amount of medical expenses incurred. Examples might include accident insurance, …
Supreme Court Accepts Cases Concerning ERISA Church Plan Exemption
Under ERISA there is an exemption from certain ERISA requirements for plans established and maintained by a church or a convention or association of churches. Past interpretations of the statute …
DOL Releases Guidance on Proxy Voting
On December 28, 2016, the DOL issued Interpretive Bulletin 2016-01 updating guidance on proxy voting and the exercise of other shareholder rights under ERISA. Under the new guidance, Interpretive Bulletin 2008-2 is …
HIPAA Enforcement Action Settled for $475,000
The Office of Civil Rights (“OCR”) announced that a settlement has been reached for an action against a health network for untimely reporting of a breach of unsecured protected health …
Federal District Court Issues Nationwide Injunction Against Part of ACA
Section 1557 of the ACA prohibits discrimination under health programs and activities on the basis of sex, race, color, national origin, age or disability. Final regulations interpreted Section 1557 as …
DOL, HHS and Treasury Department (“Departments”) Release ACA Guidance
On January 9, the Departments released Affordable Care Act (“ACA”) FAQ Part 36 addressing contraceptive services coverage required under Health Care Reform law. This guidance makes no change to the preventive service …
Legal Barriers Removed for Small Employers using HRAs
Effective for years beginning after December 31, 2016, small employers with less than 50 full-time and full-time equivalent employees may offer Health Reimbursement Arrangements (“HRAs”) that will not be considered …
Universities Facing Lawsuits Over Fiduciary Breaches Under 403(b) Plans
There has been a growing number of class action lawsuits alleging ERISA fiduciary breaches. This trend recently caught up with a number of prominent universities that sponsor 403(b) retirement plans. …
IRS Updates Correction Program For Noncompliant Retirement Plans
The IRS recently updated the correction program that it offers as a remedy for noncompliant retirement plans. The updated program continues to offer incentives to plan sponsors to conduct an …
DOL Releases Final Fiduciary Rules
On April 6, the DOL issued final regulations modifying the definition of “fiduciary.” The new rules redefine who is considered a “fiduciary” for ERISA plans and for certain other plans …
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