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Texas Judge Rules Against ACA Preventive Care Provisions


By on Oct 11, 2022
Posted In Benefit Controversies, Employee Benefits, Health and Welfare Plans

On September 7, 2022, a US district court judge for the Northern District of Texas issued a ruling that preventive care provisions in the Affordable Care Act (ACA) requiring private insurance plans to cover drugs that prevent HIV infection at no cost to patients violate religious rights. The ACA requires that private insurers cover certain preventive...

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CY 2023 Physician Fee Schedule Proposed Rule


By on Sep 28, 2022
Posted In Employee Benefits, Health and Welfare Plans

On July 7, 2022, the Centers for Medicare & Medicaid Services (CMS) released the CY 2023 Revisions to Payment Policies Under the Physician Fee Schedule and Other Revisions to Medicare Part B Proposed Rule, which was published in the Federal Register on July 29, 2022. The proposed rule includes proposals related to Medicare physician payment...

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The Inflation Reduction Act of 2022: Healthcare Provisions


By on Sep 9, 2022
Posted In Benefit Controversies, Digital Health, Employee Benefits, Health and Welfare Plans

After almost a year of negotiations among congressional Democrats and the White House, the Inflation Reduction Act of 2022 (IRA) was signed into law by President Biden on August 16, 2022. It passed in the US Senate by a vote of 50–50, with the vice president breaking the tie, on August 7, 2022. The bill...

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Establishing a CPOD Model: 5 Initial Steps for Employers


By on Mar 24, 2021
Posted In Employee Benefits, Health and Welfare Plans, Privacy and Data Security

A “closed point of dispensing” (CPOD) is emerging as a valuable model for employers working to make vaccines more broadly available as the United States moves toward mass vaccination efforts. Establishing a CPOD requires a deliberate strategy but can be done efficiently and proactively by taking a few initial steps. View the checklist.

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COVID-19 FAQs: For Employee Benefits & Executive Compensation


By , , , , , , , , , and on Mar 26, 2020
Posted In Employee Benefits, Employment, Executive Compensation, Health and Welfare Plans, Retirement Plans

Coronavirus (COVID-19) raises serious concerns for employers of all shapes and sizes, across all industries and in every business sector. As the impact of COVID-19 continues to grow, many employers are faced with new challenges that affect not only their businesses and their employees, but the health and welfare, retirement and executive compensation plans and...

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DOL and IRS Expand Access to Multiple Employer Plans and Propose to Eliminate the ‘One Bad Apple’ Rule


By and on Dec 17, 2019
Posted In Employee Benefits, Retirement Plans

Recently, the Department of Labor (DOL) published final rules clarifying the circumstances under which “bona fide” groups or associations of employers and professional employer organizations (PEOs) may be permitted to sponsor single defined contribution multiple employer plans (MEPs). Concurrently, the Internal Revenue Service (IRS) published proposed rules detailing an exception to the “one bad apple”...

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Finally! First Circuit Overturns the Sun Capital ERISA Multiemployer Plan Liability Case—But Risks Remain for Private Equity


By on Dec 5, 2019
Posted In Benefit Controversies, Employee Benefits, Retirement Plans

The First Circuit issued a decision holding that two private equity funds involved in a case are not required to pay for the withdrawal limit of a portfolio company. Despite the limited victory, the guiding rule with respect to defined benefit plan and multiemployer plan pension liabilities remains “buyer beware,” as applicable law continues to...

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Oracle Granted Partial Summary Judgment in 401(k) Fees/Investment Option Case


By and on Apr 2, 2019
Posted In Benefit Controversies, Employee Benefits, Fiduciary and Investment Issues

The US District Court for the District of Colorado granted partial summary judgment to 401(k) fiduciaries, holding that ERISA’s six-year statute of repose barred some claims and rejecting challenges to the plan’s fees. Access the full article.

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Still No Right to Jury Trial – MIT 401(k) Plan Participants Not Entitled to Jury Trial of ERISA Breach of Fiduciary Duty Claims


By and on Mar 12, 2019
Posted In Benefit Controversies, Employee Benefits, Fiduciary and Investment Issues, Retirement Plans

The District of Massachusetts court struck the plaintiffs’ jury-trial demand in their ERISA complaint for damages and equitable relief against 401(k) plan fiduciaries. The court followed the “great weight of authority” in ruling that there is no right to trial by jury in ERISA actions for breach of fiduciary duty. Access the full article.

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Piling On: Corporations Support the New York Times in Multiemployer Pension Calculation Dispute


By , , and on Feb 19, 2019
Posted In Benefit Controversies, Employee Benefits, Retirement Plans

Several large employers are disputing how much money the New York Times owes a union multiemployer pension fund. Recently, six companies—including US Foods Inc. and United Natural Foods Inc.—filed an amicus brief supporting the New York Times in its case before the US Court of Appeals for the Second Circuit. Ruprecht Co., an Illinois meat...

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