May 2024 | Baseball, Bodle Farms, and a Trip to D.C.

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How Plan Sponsors Can Fight Back Against Epidemic-Level Medical Overbilling and Ensure CAA Compliance

Overbilling in the healthcare industry continues to increase dramatically across the United States, to the tune of billions of dollars annually. The existing system has caused skyrocketing annual premium renewals for employers and sharply climbing out-of-pocket costs for plan members. These high costs have led to frustration, dissatisfaction, and the first reported ERISA breach of fiduciary duty litigation over Read More

The Implications of Ryan S. v. UnitedHealth Group for the 2023 MHPAEA Proposed Rule

As noted in a recent prior blog, the U.S. Court of Appeals for the Ninth Circuit has permitted a class action lawsuit under the Mental Health Parity and Addiction Equity Act (MHPAEA) and ERISA to proceed. Ruling on procedural grounds, the court found that it was sufficient for plaintiff Ryan S. to allege that United Health Group was applying an algorithm to mental health/substance use disorder (MH/SUD) claims that Read More

Employers of California Workers Face May 8 Deadline to Submit 2023 Pay Data to State

California law requires all private employers with 100 or more employees and/or 100 or more workers hired through labor contractors to submit annual information to the state on worker pay and demographics. Companies must comply with this state law even if they have one employee in California and the rest live in another state, so long as they have 100 or more employees and/or contracted workers. The deadline for Read More

Ninth Circuit Reverses Dismissal of Class Action Claiming Insurer Violated MHPAEA and ERISA

The U.S. Court of Appeals for the Ninth Circuit reversed a trial court’s dismissal of a class action lawsuit in which group health plan participants alleged that the insurer violated the Mental Health Parity and Addiction Equity Act (MHPAEA) and its fiduciary duties under the Employee Retirement Income Security Act (ERISA). The case is Ryan S. v. UnitedHealth Grp., Inc., 2024 WL 1561668 (9th Cir. 2024). The plan Read More

Nonprofit Files Complaint with EEOC About NFL’s Rooney Rule

America First Legal (AFL) has filed a complaint with the U.S. Equal Employment Opportunity Commission (EEOC), as well as with NFL Commissioner Roger Goodell, about the NFL’s so-called “Rooney Rule.” Under the Rooney Rule, the NFL must interview at least two external candidates from underrepresented minorities for top position vacancies, including head coaching positions. AFL claims that the Rule violates the Civil Read More

Dismissal Rulings Expected Soon in Multiple 401(k) Forfeiture Proposed Class Action Lawsuits

At least nine pending proposed class action lawsuits challenging how companies use 401(k) forfeitures are facing rulings on motions to dismiss in the coming weeks. 401(k) forfeitures occur when a worker leaves their employment before the employer’s matching contributions are fully vested. The 401(k) plan participants in these suits claim that their employers misused forfeited funds by reducing their expenses on Read More

Biden’s Proposed FFY 2025 Budget Seeks Mental Health Access Expansion

The Biden administration unveiled its FFY 2025 budget, which calls for $7.3 trillion in spending. In the proposed budget, Biden maintains his pledge to focus on expanding and transforming the nation’s mental health system. He cited the need for ensuring access to mental health care amidst a nationwide unprecedented mental health crisis affecting people of all ages. Biden also mentioned his intention to invest in the Read More

Reducing the Stigma of Paid Parental Leave for Fathers

Research by the Society for Human Resource Management (SHRM) in 2023 shows that paid maternity and paternity leave increased by five percent last year, with 32% of employers now offering paid paternity leave. Furthermore, although many men have not taken paternity leave in the past, even if it was available, an increasing number of men are taking advantage of available parental leave time. More employers also are Read More

Defense Contractor L3Harris to Pay $650K to Settle 401(k) Class Action

Aerospace and defense technology company L3Harris has agreed to settle an Employee Retirement Income Security Act (ERISA) class action lawsuit for $650,000. Plan participants in the company’s $5.2 million 401(k) plan claimed that the defense contractor violated ERISA by charging excessive fees and retaining expensive investment options. The case is Stengl et al. v. L3Harris Technologies, Inc. et al., case number Read More