On August 26, the U.S. Departments of Labor, Health and Human Services, and the Treasury (the Tri-Agencies) jointly issued FAQ Part 74, new guidance addressing HIPAA wellness program rules under the Affordable Care Act (ACA). The guidance responds directly to questions raised by the wave of class action lawsuits challenging tobacco surcharges that some employers impose through workplace wellness programs and clearly states that employers are not required to offer retroactive rewards or removal of penalties where participants complete a reasonable alternative standard in the middle of a plan year under a properly designed wellness program.
Continue Reading Tobacco Surcharge Claims Up in Smoke? DOL, HHS, and Treasury Issue FAQ 74: Addressing Questions Raised by Tobacco Surcharge Lawsuits
ERISA Preemption – Alive and Well
The recent rise in state law regulation of pharmacy benefit managers (PBMs) and prescription drug pricing continues to test the limits of preemption under the Employee Retirement Income Security Act of 1974, as amended (ERISA).
Continue Reading ERISA Preemption – Alive and WellReminder: Group Health Plans Should Update HIPAA Notice of Privacy Practices by February 16
Many people see the start of a new year as a time to refresh and renew themselves. For covered entities under HIPAA, which include group health plans, it’s also time to refresh and renew your HIPAA Notice of Privacy Practices (Privacy Notice) to address the changes made to the Confidentiality of Substance Use Disorder (SUD) Patient Records regulations at 42 CFR part 2 (Part 2). The deadline for updating Privacy Notices to reflect these amendments is February 16, 2026.
Continue Reading Reminder: Group Health Plans Should Update HIPAA Notice of Privacy Practices by February 16Updated Voluntary Fiduciary Correction Program for ERISA Plans Includes Self-Correction Features
As announced in our previous HR Law Talk blog post, on January 15, the U.S. Department of Labor’s (DOL) Employee Benefits Security Administration (EBSA) published a much anticipated amended and restated version of the Voluntary Fiduciary Correction Program (VFCP) in the Federal Register, which now includes two self-correction features. The VFCP, initially adopted in 2002 and last amended in 2006, allows ERISA plan administrators, plan sponsors, and other plan officials to correct certain fiduciary breaches and receive relief from potential DOL civil enforcement actions.
Continue Reading Updated Voluntary Fiduciary Correction Program for ERISA Plans Includes Self-Correction FeaturesBREAKING: DOL Expands the Voluntary Fiduciary Correction Program
Earlier today, the U.S. Department of Labor (DOL) published in the Federal Register an updated version of the Voluntary Fiduciary Correction Program (VFCP) under Title I of ERISA. Per the DOL, VFCP “is designed to encourage correction of fiduciary breaches and compliance with law by permitted persons to avoid potential [DOL] civil enforcement actions and civil penalties if they voluntarily correct” errors in accordance with the program. Notably, the update expands the current VFCP by adding a much-anticipated self-correction component for delinquent transmittal of participant contributions and loan repayments to retirement plans in specific circumstances.
Continue Reading BREAKING: DOL Expands the Voluntary Fiduciary Correction ProgramCompliance Deadlines for New Section 1557 Nondiscrimination Rules Approaching, Includes Application to Medicare Part B Recipients
In April 2024, the Department of Health and Human Services (HHS) finalized revised regulations implementing Section 1557 of the Patient Protection and Affordable Care Act (ACA). The new, final Section 1557 regulations (2024 Rule) have staggered effective dates—beginning as early as November 2, 2024—and the 2024 Rule now applies to recipients of Medicare Part
Hot Issues for Second Half of 2024
In an article for HR.com’s Employee Benefits & Wellness Excellence issue, we highlighted key issues to watch in benefits law for the remainder of 2024. Among the top three of these considerations for the rest of the year, we listed retirement plan regulations from SECURE 2.0, litigation surrounding pharmacy benefit managers (PBM), and welfare plan compensation disclosures and associated litigation.
Continue Reading Hot Issues for Second Half of 2024Chevron No More: The Impact on Benefit Plans
On June 28, 2024, the Supreme Court issued its opinion in Loper Bright Enterprises v. Raimondo, Secretary of Commerce and Relentless, Inc. v. Department of Commerce (Loper Bright), overturning Chevron U.S.A. Inc v. Natural Resources Defense Council, Inc. (Chevron). In this landmark case, Loper Bright overruled the forty-year doctrine known as “Chevron deference,” whereby courts defer to an administrative agency’s reasonable interpretation of ambiguous federal laws, even if the court disagrees with the agency’s interpretation. Instead, Loper Bright held that courts must exercise independent judgment in deciding whether an administrative agency has acted within its statutory authority, and may not automatically defer to an agency’s legal interpretation when a statute is ambiguous.
Continue Reading Chevron No More: The Impact on Benefit PlansGender-Affirming Care Remains a Hot Topic in 2024
Our April 9 blog post highlighted several issues to watch during 2024, one of which was gender-affirming care considerations.
Continue Reading Gender-Affirming Care Remains a Hot Topic in 2024Let the Plan Speak: First Gag Clause Attestation Due December 31, 2023
By December 31, 2023, group health plans and health insurance issuers must submit an attestation to certify compliance with the “gag clause prohibition” under the Consolidated Appropriations Act of 2021 (CAA).
Continue Reading Let the Plan Speak: First Gag Clause Attestation Due December 31, 2023