Patients have filed various lawsuits alleging their insurers violated the Parity Act by limiting treatment for mental health and substance use disorders. These lawsuits also involve ERISA claims. Many expect the outcomes of these lawsuits to clarify the standards for a successful parity claim and what remedies plaintiffs can seek under the Parity Act. The following are five parity cases that benefits attorneys and Read More
SEC Issues Final Rule Mandating Public Company Disclosure of Pay-Versus-Performance Measures
The U.S. Securities and Exchange Commission (SEC) has issued a final rule that expands executive pay disclosure requirements for publicly traded U.S. companies, accompanied by a fact sheet summarizing the rule. The rule goes into effect for the 2023 proxy season or fiscal years ending on or after December 16, 2022. It implements requirements established by the 2010 Dodd-Frank Wall Street Reform and Consumer Read More
Eleventh Circuit Awards Atty Fees to Plaintiff in AL Bias Suit Despite Mixed Jury Verdict
The U.S. Court of Appeals for the Eleventh Circuit issued a unanimous unpublished opinion affirming an award of over $172,000 in attorney fees and costs to a former employee of the Alabama Department of Transportation in a race bias case. The appellate court upheld the trial court's decision because an Alabama jury found that race was a motivating factor in the employee's termination, even though the employer could Read More
Fifth Circuit Blocks HHS From Enforcing Section 1557 Nondiscrimination Provisions Against Faith-Based Providers
The U.S. Court of Appeals for the Fifth Circuit has upheld a permanent injunction prohibiting the U.S. Department of Health and Human Services (HHS) from requiring faith-based healthcare providers to perform or provide insurance coverage for abortions or gender-transition procedures. The case is Franciscan Alliance, Inc. v. Becerra, No. 21-11174 (5th Cir. 2022). In this long-standing dispute over the Read More
Changes in Gun Laws Affect the Workplace
Recent changes in state and federal laws have affected an individual's ability to carry firearms in public and the workplace. These changes should prompt all employers to review their policies on guns in the workplace, with the overall goal of balancing individuals' gun rights with maintaining a safe workplace. Federal Gun Laws Employers have a legal duty to maintain a safe work environment for their workers Read More
Three Key Reasons Why DEI Initiatives Fail
Although high-profile racially charged incidents in recent years have led to a surge in corporate pledges and investments toward diversity, equity, and inclusion (DEI), the forward movement toward these goals has stalled. DEI leaders who have spearheaded this diversity work have focused on three key reasons why well-intentioned DEI initiatives have failed. Failure to Explicitly Connect DEI Objectives to the Read More
ADP Seeks Sanctions Against Former Employer for Allegedly Destroying Evidence in Suit
ADP Inc., a payroll processing business, has filed a motion asking a Florida federal court judge to dismiss a lawsuit filed by ex-ADP manager David Schwartz. Alternatively, ADP is asking the court to enter a default judgment in its favor, based on allegations that Schwartz deleted crucial evidence on a company iPad. ADP is requesting a jury instruction in any trial that may occur that any deleted evidence was Read More
3 Questions About DOL’s Mental Health Parity Push
Law 360 (November 18, 2022, 5:44 PM EST) -- The U.S. Department of Labor has vowed to continue its aggressive enforcement of a law requiring employer health plans to provide equal coverage for mental health and addiction treatments and other types of medical care, despite expected political pressure from the Republican-led U.S. House of Representatives. The Paul Wellstone and Pete Domenici Mental Health Parity Read More
AMA Joins ERISA Class Action Alleging CIGNA Refuses to Honor Discount Contracts
Plaintiffs filed an amended complaint in a pending ERISA class action lawsuit to include state law claims by the American Medical Association (AMA), the Medical Society of New Jersey, and the Washington State Medical Association. The original individual plaintiffs were participants in CIGNA-administered health plans and received medical care from physicians in the MultiPlan network. Physicians in the MultiPlan Read More
Federal Agencies Finalize Independent Dispute Resolution Regulations Implementing No Surprises Act
The DOL, HHS, and IRS have finalized portions of the regulations concerning the independent dispute resolution (IDR) process of the No Surprises Act. The agencies also have provided a fact sheet summarizing the finalized regulations. Congress enacted the No Surprises Act as part of the Consolidated Appropriations Act of 2021 (CAA) to address various issues involving surprise medical billing. The major aim of the Read More
