Health and Welfare Plans

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Beginning January 15, 2022, and continuing throughout the duration of the public health emergency, group health plans and insurers are required to cover over-the-counter (OTC) at-home COVID-19 ‎tests (OTC Tests), including tests not ordered by a ‎health care provider, without participant cost-sharing, preauthorization, or medical management, according to Frequently Asked…

The U.S. Department of Labor (“DOL”) recently issued guidance on best practices for maintaining cybersecurity directed to plan sponsors, fiduciaries, record-keepers and participants of employee benefit plans governed by the Employee Retirement Income Security Act of 1974, as amended (“ERISA”).  While some prior cybersecurity guidance has been issued for certain…

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…

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In a recent unpublished ERISA case, the US Court of Appeals for the 9th…

The Internal Revenue Service announced the 2021 cost-of-living adjustments to the dollar limitations for qualified retirement plans and other benefits, and the Social Security Administration announced its own cost-of-living adjustments for 2021.  Most of the dollar limits, including the elective deferral contribution limit for 401(k), 403(b) and 457(b) plans and…

The Departments of Labor, Health and Human Services, and the Treasury jointly released additional frequently asked questions (“FAQs”) regarding implementation of the health coverage provisions of the Families First Coronavirus Response Act (“FFCRA”); the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), and other health coverage issues related to…

The Departments of Labor, Health and Human Services and Treasury (collectively, the “Departments”) jointly issued FAQ guidance regarding implementation of the health coverage provisions under the Families First Coronavirus Response Act (“FFCRA”) and the Coronavirus Aid, Relief and Economic Security Act (“CARES Act”).

FFCRA, as amended by the CARES Act,…

This article provides practical guidance regarding how employers should address eligibility and coverage issues under their group health plans resulting from the coronavirus (also known as COVID-19).  For more information on legal issues relating to the coronavirus, see Coronavirus (COVID-19) Resource Site.

To avoid drastic options like mass layoffs…