Susie Bilbro | Employee Benefits Attorney | Bass Berry & SimsBass, Berry & Sims attorney Susie Bilbro authored an article for BenefitsPRO discussing the future of genetic testing in employee wellness programs following the latest updates from the Preserving Employee Wellness Programs Act, introduced in the House of Representatives (H.R. 1313) in March 2017. The bill would allow employers to ask employee’s family medical history and request genetic information as part of wellness programs. While the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA) do not typically allow employers to obtain employee information regarding health conditions or those of family members, both laws allow employers to inquire about this information and conduct medical examinations if providing health or genetic services through a voluntary wellness program.

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On June 22, 2017, Senate Republicans released a draft of the Better Care Reconciliation Act (BCRA), their much-anticipated version of the legislation to “repeal and replace” the Affordable Care Act (ACA). Despite rumors of a re-write of the American Health Care Act that passed in the House of Representatives by a narrow vote on May 4, the BCRA largely mirrors the structure and certain key measures of the House version (see our previous alert dated May 5, 2017). On the other hand, the BCRA has already been criticized by the more vocal opponents of the ACA in the Senate for not going far enough to eliminate measures established under the ACA. The Senate could vote on the BCRA as early as next week, but given the uncertainty surrounding its success, it is likely to undergo amendments prior to then. This alert provides an overview of key provisions of the BCRA and how, as drafted, it would affect aspects of the ACA.

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In an article published by Employee Benefit News, Bass, Berry & Sims attorney Doug Dahl provided guidance for employers who now must comply with the Department of Labor’s (DOL) fiduciary rule. After months of delay, the rule went into effect on Friday, June 9, 2017, and provided guidance on who is considered a fiduciary

Bass, Berry & Sims attorney Doug Dahl commented on the Department of Labor’s (DOL) new fiduciary rule that will impact how and when an individual is treated as a fiduciary under ERISA if that person provides investment advice. While many expected a further delayed applicability, parts of the new rule will take effect June 9,

In an article published by InvestmentNews, Bass, Berry & Sims attorney Doug Dahl provided insight on a recent district court ruling which allowed allegations that using multiple record-keeping firms in 403(b) retirement planning breaches fiduciary duty to continue. With many other prominent institutions involved in similar litigation, this particular lawsuit targets Emory University, and

In an article published by SHRM online, Bass, Berry & Sims attorney Doug Dahl discussed protected genetic information and wellness program design. The article outlines recent legislation proposed by the House Education and Workforce Committee that intended to clarify differences between the wellness program rules under several federal statutes and regulations. The bill subsequently stalled

In an unsurprising move, the Department of Labor (DOL) postponed the applicability date of the fiduciary rule on April 4 for an additional 60 days.  The new applicability date for the rule is June 9, 2017, although the DOL may choose to push that date back even further.  The extra time was added just days before the fiduciary rule was set to go into effect and gives the DOL additional time to consider revisions.  The agency was ordered to re-evaluate the rule by President Trump back in February.

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Bass, Berry & Sims attorney Doug Dahl authored an article discussing the various ways in which employers seek to decrease risk associated with defined benefit pension plans and what HR and benefit professionals should know about the process. As Doug points out in the article, once an employer decides to engage in a de-risking strategy,