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

The U.S. Government Accountability Office (GAO) recently released a report on crypto assets in 401(k) plans. The GAO found that the lack of federal oversight and data collected on these assets could leave workers solely responsible for monitoring their crypto investments. According to the GAO, the U.S. Department of Labor (DOL) has limited data concerning crypto assets in 401(k) plans. However, the GAO’s Read More

Benefits attorneys should be mindful of three appellate arguments that were scheduled for December 2024. U.S. Supreme Court to Hear Arguments in Tennessee Gender-Affirming Care for Minors Case In United States v. Skrmetti et al., case number 23-477, the Supreme Court will consider whether the 14th Amendment’s equal protection clause applies to access to gender-affirming care for minors in Tennessee. The federal Read More

Kimberly-Clark has reached a $2.25 million settlement with participants and beneficiaries of the company’s 401(k) plan in an ERISA suit involving excessive fees. Two former Kimberly-Clark employees, the named class members in the suit, asked a Texas federal court to preliminarily approve the settlement agreement to end the case, which has been pending for three years. The case is Seidner et al. v. Kimberly-Clark Read More

The U.S. Court of Appeals for the Fifth Circuit has vacated a National Labor Relations Board (NLRB) decision that forced Elon Musk to delete a 2018 anti-union tweet. The NLRB found that Musk’s tweet, which focused on the potentially negative consequences of Tesla workers unionizing, was an unlawful threat under Section 8(c) of the National Labor Relations Act (NLRA). A three-judge panel of the Fifth Circuit upheld Read More

In Muldrow v. St. Louis, the U.S. Supreme Court ruled that a transferred employee must prove “some harm” regarding an identifiable term or condition of employment to maintain a discrimination claim under Title VII. This standard of proof is different and lower than some circuit courts of appeal have required in the past. Therefore, Muldrow will significantly influence future discrimination cases under Title VII in Read More