Health insurance providers recently won a number of cases on summary judgement against the federal government regarding cost-sharing reduction reimbursements. The Court of Federal Claims in four recent cases ruled that health insurance providers were entitled to recover unpaid cost-sharing reduction reimbursements from the government. The federal government argued that neither the Affordable Care Act, nor any of the Read More

The Center for Retirement Research at Boston College recently released a study outlining the major causes of 401(k) lawsuits. In particular, the study focuses on the fact that these types of lawsuits often hinge on whether the plan fiduciary was following a “prudent” process and how one would define a process as prudent. With most companies now offering 401(k) plans as their primary retirement offering, it’s wise to Read More

This blog is an excerpt of Anne Tyler Hall’s book “Case Studies in ERISA: Why It Matters And How It Benefits You, A Plan Sponsor’s Guide To Employee Benefits Legal Compliance”  request your free digital copy of the book here. Most private sector health plans are strictly governed by ERISA which provides: Protection for participants and beneficiaries (participant rights); and The right to access to plan Read More

A recent uptick in litigation over retirement plans and, specifically, the fees those plans are being charged for administration and management, has many businesses working to renegotiate plan fees. Plan fiduciaries are closely watching the status of 403(b) plan litigation both to see what further steps they need to take to protect the plans they manage. In particular, this type of litigation has shown that there are Read More

Most benefit plans offered by businesses and non-profits are subject to regulation under ERISA. As part of administering these plans, Summary Plan Description documents (SPDs) are required. These documents are supposed to contain the most important plan information a participant would need to know, including eligibility and operational details. ERISA further regulates when these documents should be provided. Since Read More

Many provisions of the Affordable Care Act (ACA) are still being debated, especially as our country decides what direction to go next and government agencies shift in the ways they’re creating and applying regulations to enforce the law. One provision of the ACA, often referred to as the “Cadillac Tax,” that is currently under discussion, places a 40% excise tax on “high-cost” employer-sponsored health plans. While Read More