In the early fall of 2021, the Department of Health and Human Services (HHS), the Department of Labor, and the Department of the Treasury (collectively the “Departments”), along with the Office of Personnel Management (“OPM”), released “Requirements Related to Surprise Billing, Part II,” its second interim final rule (the “IFR” or “Rule”) related to implementing provisions of the No Surprises Act. The regulations in Read More

The Department of Health and Human Services (“HHS”) stated that the HIPAA Privacy Rules do not prohibit covered entities and business associates from asking whether an individual has received a COVID-19 vaccine. The HHS explained the rule in a series of Qs & As. The HIPAA Privacy Rule (the “Privacy Rule: or “Rule”) exists to protect individuals’ medical records and other protected health information (“PHI”) by Read More

As the result of a joint effort, the Departments of Labor, Health and Human Services, and the Treasury (the “Agencies”) released a new FAQ entitled, “Affordable Care Act Implementation Part 50, Health Insurance Portability and Accountability Act and Coronavirus Aid, Relief, and Economic Security Act Implementation.” The FAQ addresses rapid coverage of preventive services for COVID-19 and vaccine incentives. They are Read More

The U.S. Department of Labor (DOL) released a proposal that would overturn two rules implemented by the Trump administration that imposed restrictions on the way that retirement plans could assess environmental, social, and governance factors in their investment decisions. This proposal comes after a long period of outreach to financial institutions, labor organizations, and other institutions concerning a pair of Read More

Recently, telecommunications giant AT&T withstood a class-action lawsuit alleging that it failed to evaluate and monitor the retirement plan’s recordkeeping fees paid to Fidelity Investments Institutional Operations Company Inc., the plan provider. AT&T’s victory could help other plan sponsors defend against similar disputes in the future. Many business enterprises have been affected by the flood of class Read More

The IRS issued guidance on the application of the COVID-19 Outbreak Period extensions to COBRA election and premium payment deadlines. The guidance was released as a coordinated effort with the Department of Labor (DOL) and the Department of Health and Human Services (HHS). In 2020, these agencies specified that taxpayers should disregard the COVID-19 Outbreak Period when calculating COBRA election and payment Read More

If you’re a wealth manager who offers investment advice to IRA owners, you must be aware of the Department of Labor’s (“DOL”) Prohibited Transaction Exemption 2020-02 (the “Investment Advice PTE”). According to the PTE, ERISA considers most recommendations to roll over an IRA as fiduciary investment advice, effective as of February 16, 2021. The PTE lists several inherent conflicts of interest that investment Read More

The Transparency in Coverage Final Rules (the TiC Final Rules) require non-grandfathered group health plans and health insurance issuers to disclose certain billing information for covered items and services on a public website. This includes in-network provider rates, allowed amounts for out-of-network services, billed charges, and negotiated rates and historical net prices for covered prescription drugs in three Read More

In the early fall of 2021, the IRS emailed employers a newsletter reminding them that they are not required to file a 2020 Form 5500 series return for retirement plans retroactively adopted in 2021.  Section 201 of the Setting Every Community Up for Retirement Enhancement Act of 2019 (“SECURE Act”) permits employers to adopt a retirement plan after the close of its tax year and elect to treat that plan as having Read More