Health and Welfare Plans

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On April 2, 2021, the Departments of Labor, Health and Human Services, and Treasury (the “Departments”) issued Frequently Asked Questions (“FAQs”) related to the implementation of the mental health and substance use disorder parity provisions under the Consolidated Appropriations Act, 2021 (“CAA”) and the Mental Health Parity and Addictions Equity…

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In a recent unpublished ERISA case, the US Court of Appeals for the 9th…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

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…