The U.S. Department of Labor (DOL), the U.S. Department of Health and Human Services (HHS), and the Internal Revenue Service (IRS) have issued Frequently Asked Questions (FAQs) 54 concerning contraception requirements for group health insurance plans under the Affordable Care Act (ACA). The ACA requires certain non-grandfathered group health plans and individual insurance to cover preventative services without Read More
HHS Announces Proposed Rule to Strengthen Nondiscrimination in Health Care
The U.S. Department of Health and Human Services (HHS) has issued a proposed rule that implements Section 1557 of the Affordable Care Act (ACA). Section 1557 prohibits discrimination based on race, color, national origin, sex, age, and disability in certain health programs and activities. After a 2020 rule limited this section’s scope and power to cover fewer programs and services, the newly proposed rule reinstates Read More
Bipartisan Legislators Introduce Bill with Some Legal Protections for Gig Workers
A bipartisan group of legislators recently introduced H.R.8442 – Worker Flexibility and Choice Act, a bill allowing businesses to maintain gig workers as independent contractors. The bill also would provide some legal protections for those workers, despite their independent contractor status. As an independent contractor, the worker would receive a 1099 form from the business at the end of the tax year rather than a Read More
Cybersecurity Breach Suits Raise Questions About Liability for Benefits Plans
ERISA Claims Arising from Unauthorized Retirement Account Access Cybersecurity breaches concerning workers' personal information and retirement savings have increased liability risks for benefit plans and third-party administrators under federal benefits laws. In February 2021, the U.S. Government Accountability Office (GAO) issued a report warning about these increased legal risks for ERISA plan fiduciaries due Read More
DOL Regulations Expand Liability for Financial Advisors Giving Pension Rollover Advice
The U.S. Department of Labor (DOL) began fully enforcing its Prohibited Transaction Exemption 2020-02 as of July 1, 2022. These regulations apply to and expand liability for financial advisors giving clients pension rollover advice. Some aspects of the rule were already in effect. Still, advisors must now provide clients with a mandatory written explanation of why the investment professional or financial institution Read More
KFC Argues to Eleventh Circuit that EEOC Charge Isn’t a “Claim”
The U.S. Court of Appeals for the Eleventh Circuit recently heard arguments in PMTD Restaurants LLC v. Houston Casualty Co., case number 22-11391. PMTD, the owner of a KFC/Taco Bell franchise, argued that a Georgia federal district court erred in defining the word “claim” in its employment practices policy. More specifically, PMTD alleged that an U.S. Equal Employment Opportunity Commission discrimination charge Read More
2022’s Notable Health Law Rulings
The year of 2022 has been a year for major legal rulings impacting various aspects of health care and pharmaceutical law. The following is a summary of the most significant of those decisions: U.S. Supreme Court Overturns Roe v. Wade The U.S. Supreme Court’s highly controversial ruling in Dobbs v. Jackson Women’s Health Organization on June 24, 2022, overturned nearly 50 years of the constitutional right to Read More
University Medical Center’s Delayed Disclosure of HIPAA Hacking Breach Results in $875,000 Settlement
The Office of Civil Rights (OCR), a division of the U.S. Department of Health and Human Services (HHS), has reached an $875,000 settlement and an extensive corrective action plan (CAP) with a university medical center concerning its violation of HIPAA’s privacy, security, and breach notification rules. Hacking a medical center web server, containing protected health information (PHI) by an unknown third party, led to Read More
Eleventh Circuit Reinstates Lawsuit Seeking Equitable Relief by Participant in ERISA Life Insurance Plan
In Gimeno v. NCHMD, Inc., 2022 WL 2309436, the U.S. Court of Appeals for the Eleventh Circuit reversed the trial court's dismissal of a lawsuit for breach of fiduciary duty concerning an ERISA-governed life insurance plan. In reinstating the lawsuit, the Court of Appeals ruled that ERISA permits claims to recover money equal to benefits lost due to a breach of fiduciary duty. After a life insurance plan Read More
Eleventh Circuit Rejects Joint Employer Argument in FLSA Case
A three-judge panel has summarily denied a request for rehearing by the plaintiffs in Ramon Valle et al. v. Ceres Environmental Services Inc. et al., case number 21-12020, U.S. Court of Appeals for the Eleventh Circuit. In Valle, six laborers were seeking unpaid overtime and wages under the Fair Labor Standards Act (FLSA) from two environmental response companies stemming from their work during Hurricane Michael. A Read More
