The U.S. Supreme Court recently held arguments in U.S. v. Skrmetti, which addresses the legality of Tennessee and Kentucky state laws banning gender-affirming care for minors. If the Court upholds the law as expected, some employers may consider providing travel benefits to allow employees and their dependents to seek types of  healthcare prohibited by state law. Employers also could offer such benefits when covered Read More

The U.S. Department of Labor (DOL) has officially launched its Retirement Savings Lost and Found database. Although the database is not complete, DOL will continue to make improvements over the next several months. DOL needs ongoing assistance and participation from plan administrators to get information on plan participants who have left their places of employment. While submission of this information by plan Read More

A Gallup poll from early November reveals that 62% of Americans believe the federal government should ensure all Americans have healthcare coverage. Historically, support for federal provision of healthcare has wavered, with high numbers of support in the early 2000s and much lower numbers during the Obama administration, which oversaw the passage of the Affordable Care Act (ACA). However, over the last decade, as Read More

Federal lawmakers have successfully passed the Social Security Fairness Act, which is now headed to President Joe Biden for his expected signature. The Act eliminates two provisions—the Windfall Elimination Provision and the Government Pension Offset—that prevent nearly three million people from collecting their full Social Security benefits. Previously, police officers, firefighters, teachers, and other public Read More

Many of the requirements for employers under the SECURE 2.0 Act, which Congress passed in 2022, already have gone into effect. However, some of the major requirements of SECURE 2.0 took effect on January 1, 2025. Specifically, covered employers must automatically enroll employees into new retirement plans, contributing at least three percent of their salary. Individuals will have access to higher-catch-up Read More

Traditionally, enrollment in high-deductible health plans (HDHPs) by individuals under 65 has been higher when purchased directly than when provided through an employer. However, a recent National Health Statistics Report, which examined HDHP enrollment rates between 2021 and 2023, found that HDHP enrollment did not differ significantly between directly purchased and employment-based coverage. Other studies show that Read More

UnitedHealth has agreed to settle a three-year-long class action battle for $69 million, the largest ever settlement in an Employee Retirement Income Security Act (ERISA) case. The settlement stems from allegations that UnitedHealth violated its fiduciary duties under ERISA by selecting and retaining poorly performing investment funds for its 401(k) plan. The case is Snyder v. UnitedHealth Group et al., currently Read More

While the brazen murder of UnitedHealthcare CEO Brian Thompson evoked sympathy in some, it also gave voice to public complaints about the health insurance company’s wrongful denial of claims. Hospitals and other medical providers have recently filed several lawsuits against UnitedHealthcare over nonpayment of claims. As news of the recent murder retreats from the headlines with the capture of a suspect by law Read More

The Office of Civil Rights (OCR) of the U.S. Department of Health and Human Services (HHS) has reached a settlement with a medical provider concerning a Health Insurance Portability and Accountability Act (HIPAA) violation. The violation at issue, which resulted in a fine of more than $35,000, involved improper disclosure of protected health information (PHI). OCR initiated an investigation after a patient Read More

GardaWorld, a security company, has moved to dismiss a proposed class action lawsuit over monthly surcharges in its health insurance plan for participants who use tobacco or refuse COVID-19 vaccines. In its motion, GardaWorld argues that the surcharges comply with the Employee Retirement Income Security Act (ERISA). The case is Artis et al. v. GardaWorld Cash Service Inc., case number 3:24-cv-00837, U.S. District Read More