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Publications
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03.14.2022Contractual Considerations for Self-Funded Group Health Plan Sponsors in 2022UpdatesThis update outlines contractual and procurement considerations that we are seeing clients confront as they respond to compliance and implementation challenges from these new requirements.
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02.01.20222022 Cybersecurity Issues and Recommendations for ERISA Plan FiduciariesUpdatesNew cybersecurity developments and observations ... warrant prompt consideration by plan sponsors and other fiduciaries of employee benefit plans subject to ERISA.
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01.19.2022Ringing in the New Year: Key Developments for Health Plan SponsorsUpdatesThere are many new and expanding legal requirements for group health plans and issuers of group health plan coverage to pay attention to this year.
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10.28.2021DOL Proposes Expanded Use of ESG Factors in ERISA Plan Investment Decisions and Proxy VotingUpdatesThe U.S. Department of Labor (DOL) published a proposed regulation on October 14, 2021, that would clarify how fiduciaries of private sector employee benefit plans should apply ERISA’s fiduciary duties of prudence and loyalty when making investment decisions and exercising shareholder rights.
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04.22.2021US Department of Labor Issues Highly Anticipated Cybersecurity Guidance for ERISA PlansUpdates
On April 14, 2021, the US Department of Labor (DOL) released three-part guidance on cybersecurity issues for employee benefit plans, marking its first significant commentary on the issue since its comprehensive, but non-binding, report in late 2016. The DOL’s guidance provides “tips” and “best practices” for ERISA plan sponsors, responsible fiduciaries, recordkeepers, service providers, and participants in appropriately safeguarding non-public plan and participant information against cybersecurity threats.
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12.30.2020Employee Benefit Provisions in the Consolidated Appropriations Act, 2021UpdatesPresident Donald Trump signed into law the Consolidated Appropriations Act, 2021 (the Omnibus Bill) on December 27, 2020.
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12.09.2020Employee Benefit Plan Developments—2020 Year in ReviewUpdatesEmployee benefits professionals have faced many challenges in 2020.
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05.27.2020DOL Finalizes Notice and Access Safe Harbor for Electronic Delivery of Retirement Plan Participant CommunicationsUpdatesThe U.S. Department of Labor (DOL) has issued a final rule establishing a new “safe harbor” method for satisfying ERISA and DOL’s requirements for electronic distribution of certain ERISA-governed retirement plan documents.
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05.21.2020IRS Notices Provide COVID-19 Relief Covering Section 125 Cafeteria Plans and Flexible Spending Account Benefit PlansUpdatesMany employers have sought to leverage or make changes to their employer-sponsored benefits to address economic and health-related burdens faced by their employees during the COVID-19 pandemic.
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05.08.2020US Department of Labor Issues Updated COBRA Model Notices and Related FAQSUpdatesThe U.S. Department of Labor (DOL) issued revised model general and election notices on Friday, May 1, 2020.
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05.01.2020COVID-19 Relief for Employer-Sponsored Benefit Plans: Federal Government Announces Deadline Extensions and Other Short-Term ReliefUpdatesMany employee benefit plan sponsors, administrators, and fiduciaries have been asking about regulatory relief in response to administrative challenges created by the COVID-19 pandemic.
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1998 - 2018401(k) PlansLawyer Publications
Thomson Reuters / Tax & Accounting
Co-author of the leading manual on 401(k) plans. -
05.18.2017Potential HIPAA Pitfalls for Developers of Healthcare AppsUpdatesAs federal and state governments struggle to address future healthcare regulation, demand for healthcare that is cheaper, better and faster continues to surge.
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05.03.2017Another HIPAA Settlement: Stolen Laptop Costs $2.5 Million Plus Encryption RequirementUpdatesThe U.S. Department of Health and Human Services recently announced yet another HIPAA privacy and security settlement involving Protected Health Information on a stolen laptop.
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04.27.2017Employer Shared Responsibility: Have Penalties Been—or Will Penalties Ever Be—Assessed?Updates
Are you an Applicable Large Employer (ALE) that has received rejected Forms 1095-C from the IRS? If so, you are not alone.
This update was also published by Employee Benefit Advisor on 05.04.2017, "Views Assessing Employer Shared Responsibility Penalties," and by Society for Human Resource Management on 05.05.2017, "Employer Shared Responsibility: Have Penalties Been—or Will Penalties Ever Be—Assessed?" -
04.19.2017The Fate of the ACA’s Cost-Sharing Reduction SubsidiesUpdatesAs deliberations over a replacement of the Affordable Care Act (ACA) continue in the U.S. House of Representatives, the fate of the ACA’s Cost-Sharing Reduction subsidies may be at stake.
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04.12.2017House Amends the American Health Care Act: Where Will It Lead?UpdatesOn the last day before the U.S. Congress began its spring recess, the U.S. House of Representatives amended the now consolidated bill H.R. 1628, known as the American Health Care Act.
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04.06.2017Recent HIPAA Privacy and Security Settlements and Lessons LearnedUpdatesAlthough the fate of the Affordable Care Act remains undecided, enforcement of the HIPAA privacy and security regulations by the Office for Civil Rights of the U.S. Department of Health and Human Services is ongoing, with three settlements and one assessment of penalties already in 2017.
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03.28.2017American Health Care Act Pulled From House Floor: No New Legislation to Repeal and Replace the ACAUpdatesThe much-anticipated vote by the U.S. House of Representatives on the “American Health Care Act,” also known as “AHCA” or the “Obamacare replacement bill,” was cancelled last week, leaving many to ask “what now?”
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03.10.2017New Legislation Proposes to Repeal and Replace the ACAUpdatesThe U. S. House of Representatives (the House) proposed two bills to “repeal and replace Obamacare” this week, and while many popular consumer protections under the Patient Protection and Affordable Care Act (ACA) look to be preserved at this stage, some significant changes are included that could have an impact on employers and other plan sponsors if signed into law. We’ve highlighted a few of these potential changes below.
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01.19.2017Avoiding COBRA’s Bite: Measures to Counter COBRA Class ActionsUpdatesWith the filing of a class action complaint in late 2016 in the U.S. District Court for the Southern District of Florida, Wal-Mart Stores, Inc. became the latest large company accused of failing to provide adequate notices as required by COBRA.
Employee Benefits Blog
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Contractual Considerations for Self-Funded Group Health Plan Sponsors in 2022
In our January 2022 update, we discussed new federal requirements that group health plans should pay close attention to in 2022. The sponsor of a self-funded plan will need to work closely with its legal counsel, benefits consultant, and administrative services only (ASO) provider or other third-party administrator (collectively, TPA) to modify its plan design and... Continue Reading… -
Washington Legislature Amends WA Cares Fund, Delays Premium Collection until July 2023
On January 27, 2002, Washington Governor Jay Inslee signed House Bills 1732 and 1733 into law, officially delaying the assessment of WA Cares Fund premiums until July 1, 2023. As a result, WA Cares Fund benefits will not be available until July 1, 2026. These delays give state lawmakers additional time to resolve key issues... Continue Reading…
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2022 Cybersecurity Issues and Recommendations for ERISA Plan Fiduciaries
New cybersecurity developments and observations, including those relating to U.S. Department of Labor review of cybersecurity issues, warrant prompt consideration by plan fiduciaries, including those plans covered by HIPAA. The following update includes recommendations to help ERISA retirement and health and welfare plan sponsors and responsible fiduciaries protect benefit plans and participants against cybersecurity risks... Continue Reading… -
Ringing in the New Year: Key Developments for Health Plan Sponsors
There are many new and expanding legal requirements for group health plans and issuers of group health plan coverage to pay attention to this year. Many of these requirements were enacted as part of the Consolidated Appropriations Act of 2021, which passed in December 2020. This update describes the key legal requirements that we are... Continue Reading…
