Judith Wethall Judith Wethall

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Judith Wethall focuses her practice on employee benefits, specifically health and welfare programs. She counsels employers, plan administrators, insurers and consultants on a wide range of ERISA compliance issues. Judith's clients include sole proprietors to Fortune 100 companies and cover a variety of industries including health care, technology, manufacturing, insurance and financial. Read Judith Wethall's full bio.

3 Benefits Takeaways from New Surprise Medical Billing Law


By on Feb 2, 2021
Posted In Employee Benefits, Health and Welfare Plans

The No Surprises Act, which was tucked into the year-end spending bill, protects patients from getting slapped with surprise bills after visits to the emergency room or their regular medical providers, leaving any payment disputes up to their plan and provider to resolve. A recent article in Law360 covers three key takeaways from the legislation...

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EEOC Proposes New Rules on Wellness Programs


By , and on Jan 26, 2021
Posted In Employee Benefits, Health and Welfare Plans, Privacy and Data Security

On January 7, 2021, the Equal Employment Opportunity Commission (EEOC) issued proposed guidance regarding employer-sponsored wellness programs and the level of incentives employers may offer employees who participate in these programs in the form of two proposed rules. On January 20, 2021, the Biden administration ordered agencies to immediately withdraw most unpublished rules, including the...

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Consolidated Appropriations Act: Health and Welfare Benefits Provisions


By , and on Jan 20, 2021
Posted In Employee Benefits, Health and Welfare Plans

The Consolidated Appropriations Act (the Act) was signed into law by the president on December 27, 2020, and includes significant health and welfare benefits provisions that affect group health plans and health insurance issuers. The Act is the most comprehensive single piece of legislation to impact group health plans since the Affordable Care Act. Access...

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Agencies Issue Final Employer Healthcare Price Transparency Rule


By , and on Dec 10, 2020
Posted In Employee Benefits, Health and Welfare Plans

On October 29, 2020, the US Departments of Health and Human Services, Labor, and Treasury (collectively, the Departments) issued the Transparency in Coverage final rule (the Rule), along with a fact sheet, setting forth requirements for group health plans and health insurance issuers to disclose cost-sharing information upon request to participants, as well as additional...

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4 Tips to Help Benefits Plans Achieve Mental Health Parity


By on Nov 20, 2020
Posted In Employee Benefits, Health and Welfare Plans

As federal benefits regulators turn their focus toward plans’ mental health offerings and California lawmakers expand plans’ obligations in that area, now is a great time for employers to ensure their plan approaches mental health treatment the same way as traditional medical care. In a recent article by Law360, McDermott partner Judith Wethall helps explain...

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IRS Announces 2021 Employee Benefit Plan Limits


By , , and on Oct 28, 2020
Posted In Employee Benefits, Employee Stock Ownership Plans (ESOPs), Health and Welfare Plans, Retirement Plans

The Internal Revenue Service (IRS) recently announced the cost-of-living adjustments to the applicable dollar limits for various employer-sponsored retirement and welfare plans for 2021. Nearly all of the dollar limits currently in effect for 2020 will remain the same, with only a few amounts experiencing minor increases for 2021. Access the article.

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“Because of Bostock” – Court Delays HHS Rule Re-interpreting Section 1557 Discrimination “Because of Sex”


By , , , and on Aug 25, 2020
Posted In Benefit Controversies, Employee Benefits, Health and Welfare Plans

One day before an updated rule of the US Department of Health and Human Services regarding Section 1557 of the Patient Protection and Affordable Care Act took effect, the US District Court for the Eastern District of New York ordered a stay and issued a preliminary injunction precluding the most recent final rules from becoming...

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Use a Checklist to Avoid LGBTQ Discrimination in Your Benefits Programs


By , , and on Jul 21, 2020
Posted In Benefit Controversies, Employee Benefits, Employment, Health and Welfare Plans

The US Supreme Court ruled June 15 in Bostock v. Clayton County, Ga. that the prohibition against sex discrimination in the workplace under Title VII of the Civil Rights Act covers sexual orientation and gender identity. Title VII applies to employers with 15 or more employees, including part-time and temporary workers. Following the decision, benefits experts...

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HHS Finalizes Anti-Discrimination Revisions to ACA Section 1557


By , , , and on Jul 14, 2020
Posted In Benefit Controversies, Health and Welfare Plans

On June 12, 2020, the Office for Civil Rights (OCR) of the US Department of Health and Human Services (HHS) finalized a rule under Section 1557 of the Patient Protection and Affordable Care Act (the 2020 Final Rule) that rescinds certain protections afforded to LGBTQ individuals and persons with limited English proficiency. At the same...

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Agencies Issue Helpful FAQs on COVID-19 Testing Coverage


By and on Jul 7, 2020
Posted In Employee Benefits, Employment, Health and Welfare Plans

The US Departments of Labor, Health and Human Services, and Treasury issued a second set of answers to frequently asked questions. The tri-agency FAQs (Part 43) clarify important health and welfare provisions under the Families First Coronavirus Response Act (FFCRA), which became law on March 18, 2020, and the Coronavirus Aid, Relief, and Economic Security (CARES)...

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