Anti-assignment clauses in ERISA health plans are useful to plan sponsors in fending off lawsuits by out-of-network providers. Federal courts have consistently upheld anti-assignment provisions contained in the plan document and/or the summary plan description (SPD); however, a recent ERISA case serves as a warning about the unintentional waiver of
New ERISA Case Results in an Assignment for Today – Check your Group Health Plan’s Anti-Assignment Provision!
Anti-assignment clauses in ERISA health plans are useful to plan sponsors in fending off lawsuits by out-of-network providers. Federal courts have consistently upheld anti-assignment provisions contained in the plan document and/or the summary plan description (SPD).
In a recent unpublished ERISA case, the US Court of Appeals for the 9th
ISS and Glass Lewis Present Guidance for Corporate Governance During COVID-19
Public companies and their boards can look to the recently released guidance of ISS and Glass Lewis when considering best therapies to address corporate governance and broader environmental, social and governance issues. The prominent proxy advisors address, among other things, issues affecting annual general meetings, board composition, and executive compensation.
COVID-19 and Your Benefit Plans: What You Need to Know Now
In a matter of a few weeks, the COVID-19 pandemic has caused drastic changes to our businesses and personal lives. The effects are already substantial, from those personally affected by illness and shelter-in-place orders to companies seeing sharp declines in business activity. Although your to-do list may be long, we
Feeling Secure in Retirement: Changes Made by the Secure Act that may Affect Qualified Retirement Plans
We are now a few months into 2020 and we should all be feeling more SECURE in our retirement, as a result of the “Setting Every Community Up for Retirement Enhancement Act of 2019” (“SECURE Act”). Below is a brief summary of the key changes that could impact qualified retirement
HIPAA Penalties Have Been Inflation-adjusted!
Effective January 17, 2020, civil money penalties for certain violations of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) have been adjusted for inflation by the Department of Health and Human Services (HHS), as required by the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by
IRS Letters 226-J for 2017 are in the Mail
The IRS has been issuing the 2017 Employer Shared Responsibility Penalty (ESRP) assessments (Letter 226-J). The Letter 226-J provides the IRS’ determination of whether an “applicable large employer” may be liable for an ESRP for a particular calendar year and shows the proposed assessment of the penalties based on the
CCPA Guide: Does Personal Information Include Employee and Employee Benefit Plan Data?
Hartford Office Managing Partner Ted Augustinos, Houston Partner Laura L. Ferguson and Dallas Counsel Sean Kilian co-authored an article detailing the California Consumer Privacy Act of 2018 (CCPA) and the new privacy obligations imposed on certain businesses that collect personal information of California consumers. The authors examine how the
Locke Lord QuickStudy: Tracking Tax Reform: [Un]Intended Consequences For The ACA
Late at night on December 14, 2018, Judge Reed O’Connor of the U.S. District Court for the Northern District of Texas issued his decision in Texas v. U.S., No. 4:18-cv-00167, that the individual mandate under the Affordable Care Act (“ACA”) is unconstitutional due to