The National Association of Insurance Commissioners (NAIC) has advised Robert F. Kennedy, Jr., Secretary of the U.S. Department of Health and Human Services (HHS), of their current federal health insurance policy priorities. The NAIC’s recent letter focuses on two major issues: federal health insurance nondiscrimination rules and regulation of prescription drug copayment accumulator programs. Federal Health Read More
Study Shows Few Companies Have Altered DEI Policies Despite Political Pressure
Littler, a law firm focusing on labor, recently published a study showing that only about eight percent of leading American companies have or intend to alter their diversity, equity, and inclusion (DEI) policies. The Littler study involved about 350 C-suite executives. Despite a few high-profile defections of major companies from DEI, most companies have been slow to consider any meaningful reform. The study shows Read More
Lawmakers Reintroduce Bill Limiting PBM Drug Pricing Practices
Another coalition of congressional lawmakers has united to introduce a new version of the Delinking Revenue from Unfair Gouging Act (DRUG Act) bill. Rep. Marianne Miller-Meeks (R-Iowa) and co-sponsors from both parties introduced the bill, which could impact how pharmacy benefit managers (PBMs) are paid. Miller-Meeks unsuccessfully introduced a previous version of the bill during the 118th Congress. PBMs assist Read More
Workplace Civility and Return-to-Office Mandates
Companies are increasingly embracing return-to-office (RTO) mandates, but new SHRM research and data reveal an unexpected consequence of those mandates. The incidence of uncivil acts occurring in the workplace is substantially higher for employees whose employers have issued RTO mandates. According to the SHRM Q1 2025 Civility Index, employees at companies with RTO mandates reported 63% more acts of workplace Read More
April 2025 | Law360 Article Highlights Fiduciary Risk in PBM Contracts
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Bipartisan Duo Introduces New Version of PBM Reporting Bill
Two lawmakers from opposite sides of the aisle have revived a version of the pharmacy benefit manager (PBM) reporting bill from the 118th Congress. That bill came close to passage last year but faced criticism from Elon Musk, who ultimately tanked the much larger bill in favor of an abbreviated spending package. Rep. Erin Houchin (R-Indiana), and Rep. Joe Courtney (D-Connecticut), have now introduced the Hidden Read More
EEOC and DOJ Issue Guidance on DEI-Related Discrimination at Work
The U.S. Equal Employment Opportunity (EEOC) and the Department of Justice (DOJ) have issued two technical assistance documents entitled: “What You Should Know About DEI-Related Discrimination at Work” and “What To Do If You Experience Discrimination Related to DEI at Work.” Although these documents do not establish any new legal rights or causes of action, they clarify employee protections under Title VII of the Read More
How Plan Sponsors Can Mitigate Risk In PBM Contracts
By Anne Tyler Hall and Tim Kennedy (April 17, 2025) For employers offering benefit plans, fiduciary responsibility is not just a legal designation. Under the Employee Retirement Income Security Act of 1974, as amended, the fiduciary duty is the highest standard of care recognized under the law. Fiduciaries must ensure that every decision regarding a benefit plan is made with the care, skill and diligence that a Read More
Whistleblower Claims CVS PBM Overbilled Medicare Part D By As Much As $330M
Whistleblower Sarah Benke recently testified in a False Claims Act bench trial that Caremark, which is a pharmacy benefits manager (PBM) for Aetna Life Insurance Co., overbilled Medicare Part D for sponsored prescription drugs. She estimated that the CVS-owned PBM caused $240 to $330 million in damages by billing Medicare for reimbursement amounts that were higher than it paid pharmacies for the covered Read More
Episode 2: From Navy SEAL to Nonprofit GC: A Mission-Driven Legal Journey
Listen to the Podcast Episode on Episode Summary: In this episode of In-House Counsel and HR Perspectives, host David Hall welcomes Tim Phillips, Chief Legal Officer at Habitat for Humanity International and General Counsel for the Navy SEALS Foundation. With a background that spans Naval Special Warfare, big law, and executive legal leadership at major nonprofits like the American Cancer Society, Tim Read More
