Judith Wethall
Subscribe to Judith Wethall's PostsJudith 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.
“Because of Bostock” – Court Delays HHS Rule Re-interpreting Section 1557 Discrimination “Because of Sex”
By Jacob Mattinson, Todd Solomon, Gregory Fosheim, Judith Wethall and Winnie Uluocha 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 Jacob Mattinson, Judith Wethall, Emily Rickard and Philip Shecter 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 Jacob Mattinson, Judith Wethall, Gregory Fosheim, Winnie Uluocha and Todd Solomon 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 Jacob Mattinson and Judith Wethall 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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LGBTQ Title VII Ruling May Impact Your Employee Benefit Plan
By Jacob Mattinson, Emily Rickard, Judith Wethall and Philip Shecter on Jun 23, 2020
Posted In Benefit Controversies, Employee Benefits, Employment, Health and Welfare Plans
On Monday, June 15, 2020, the US Supreme Court held in Bostock v. Clayton County that Title VII of the Civil Rights Act of 1964 protects transgender, gay and lesbian employees (and prospective employees) from workplace discrimination based on sex. This means that the protective authority of Title VII for LGBTQ individuals generally extends to employer-sponsored healthcare...
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IRS Issues Relaxed Cafeteria Plan Rules
By Jacob Mattinson and Judith Wethall on May 26, 2020
Posted In Health and Welfare Plans
To help cafeteria plan participants address challenges arising from the COVID-19 crisis, the Internal Revenue Service recently issued guidance allowing employers to make a number of participant-friendly changes under their cafeteria plans. While employer adoption of these more flexible rules is voluntary, plan sponsors should work with third-party administrators, insurance providers and legal advisors to...
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IRS Announces 2021 Limits for Health Savings Accounts and High-Deductible Health Plans
By Jacob Mattinson and Judith Wethall on May 21, 2020
Posted In Health and Welfare Plans
The Internal Revenue Service (IRS) recently announced cost-of-living adjustments to the applicable dollar limits for health savings accounts (HSAs) and high-deductible health plans (HDHPs) for 2021. Some of the dollar limits currently in effect for 2020 will change for 2021. Access a table comparing the applicable dollar limits.
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DOL Relaxes Deadlines for ERISA-Governed Group Health Plans
By Judith Wethall, Jacob Mattinson and Megan Mardy on May 13, 2020
Posted In Benefit Controversies, Employee Benefits, Employment, Health and Welfare Plans
The US Department of Labor, in conjunction with the Internal Revenue Service and US Department of the Treasury, issued guidance and deadline extensions applicable to ERISA-governed group health and welfare plans. The guidance provides relief for plan sponsors, plan administrators and plan participants that may be struggling to comply with applicable deadlines and requirements in...
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IRS Extends HSA Contribution Deadline to July 15, 2020
By Erin Steele and Judith Wethall on Apr 2, 2020
Posted In Health and Welfare Plans
Overview A new IRS notice extends the deadline for individuals to make health savings account (HSA) contributions from April 15, 2020 to July 15, 2020. The IRS issued the notice to provide taxpayers with various tax filing and payment deadline extensions in response to the ongoing COVID-19 emergency. In Depth In response to the COVID-19...
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CARES Act Impacts All Benefit Plans
By Steven G. Eckhaus, Sarah L. Engle, Samuel Everett Dewey, Rick Stepanovic, Ralph E. DeJong, Lisa Loesel, Lindsay Ditlow, Judith Wethall, Jacob Mattinson, Evan A. Belosa, Erin Steele and Andrew Liazos on Mar 31, 2020
Posted In Employee Benefits, Employment, Executive Compensation, Health and Welfare Plans, Retirement Plans
In the ongoing effort to help individuals impacted by COVID-19, Congress passed the Coronavirus Aid, Relief, and Economic Securities Act (CARES Act) on March 27, 2020. The President signed the CARES Act into law the same day. The historic stimulus package provides wide-ranging relief for both employers and employees. This includes rules that impact health...
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