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.

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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LGBTQ Title VII Ruling May Impact Your Employee Benefit Plan


By , , and 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 and 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 and 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 , and 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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