The Consolidated Appropriations Act, 2023 (CAA, 2023), which Congress passed, and President Biden has now signed into law, contains provisions that impact retirement and group health plan sponsors and advisors. Plan administrators and sponsors must be aware of these provisions and make any adjustments to their plans and policies as needed. Telehealth / High Deductible Health Plans Typically, individuals can Read More

The U.S. Department of Labor has filed a motion asking a Texas federal district court to put a pending court battle on hold while it issues revised guidance on insurance plan coverage under ERISA. Data Marketing Partnership LP offers health insurance to individuals who pay their own premiums in exchange for turning over their personal web tracking data. The case is Data Marketing Partnership LP et al. v. U.S. Read More

Counsel for healthcare workers in a class action lawsuit who alleged overcharges to their employee benefit stock plans in violation of the Employee Retirement Income Security Act (ERISA) has filed a motion requesting almost $3.4 million in attorney's fees and expenses. The case is Gamino v. KPC Healthcare Holdings Inc. et al., Case Number 5:20-cv-01126, U.S. District Court for the Central District of Read More

A split three-judge panel of the U.S. Court of Appeals for the Ninth Circuit affirmed a federal district court’s decision that an embezzler lacked standing under ERISA to direct how her former employer spent restitution that she paid in an accompanying criminal case. The case is Colleen Lehr et al. v. Perri Electric Inc. et al., case number 19-17199, U.S. Court of Appeals for the Ninth Circuit. In its unpublished Read More

While no one can predict the future with 100% accuracy, some healthcare trends and legislative issues are more likely to arise in 2023 than others. Continually rising healthcare costs, increased mental health services, Affordable Care Act tweaks, and the Consolidated Appropriations Act are all likely to play a significant role in the months ahead.  Increased Healthcare Costs Healthcare costs are rising, and Read More

The $1.7 trillion spending bill for 2023 contains several different provisions of importance for employers. Among these provisions is the extension of a provision of the 2020 Coronavirus Aid, Relief and Economic Security (CARES) Act concerning telehealth until December 31, 2024. This provision allows health savings account (HSA)-qualifying high-deductible health plans (HDHPs) to cover telehealth and other Read More

As 2023 begins, cases involving various aspects of the Employee Retirement Income Security Act (ERISA) are pending before various federal courts, including the U.S. Supreme Court. The following five cases merit close attention as they progress through the courts.  Lloyd v. Argent Trust Company, Case Number 22-3116, U.S. Court of Appeals for the Second Circuit The first case is a proposed class action lawsuit in Read More

Members of self-funded healthcare plans administered by UnitedHealthcare Group (“United”) have filed a class action lawsuit against the company for violating its fiduciary duty under ERISA and their plans' terms. In their lawsuit, the plaintiffs allege that United has systematically underpaid benefits for claims relating to out-of-network healthcare providers.  Many self-funded healthcare plans that United Read More

On December 23, 2022, the U.S. Department of Labor (DOL), the U.S. Department of Health and Human Services (HHS), and the U.S. Department of the Treasury (collectively, “the Departments”) issued joint FAQs concerning certain provisions of the Consolidated Appropriations Act 2021 (CAA). The FAQS relate to the implementation of Title II (Transparency) of Division BB of the CAA, which addresses the mandatory reporting Read More

2022 was a busy year for federal benefits litigation. Here are seven landmark court rulings of 2022 for employers and benefits plan administrators. Dobbs et al. v. Jackson Women's Health Organization et al., Case Number 19-1392, U.S. Supreme Court  The U.S. Supreme Court issued a bombshell decision on June 24, 2022, that overturned its 1973 decision in Roe v. Wade and women's constitutional right to abortion. Read More