McDermott Will & Emery
Subscribe to McDermott Will & Emery's PostsMature ESOPs: Remodeling the House You Own
By McDermott Will & Emery on Sep 30, 2021
Posted In Employee Benefits, Employee Stock Ownership Plans (ESOPs), Retirement Plans
What kind of issues affect employee stock ownership plan (ESOP) companies as they mature? McDermott Partner Erin Turley presented on this topic during The ESOP Association‘s TEA National 2021 Conference. Access the slides.
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Just How Many Employers Will Mandate Vaccines?
By McDermott Will & Emery on Sep 22, 2021
Posted In Employment, Health and Welfare Plans
An August Willis Towers Watson poll found that 52% of 961 surveyed companies intend to implement at least one vaccine mandate by 2021’s fourth quarter. In a poll in May, 72% of respondents said they had no plans to require vaccines. To encourage vaccination, some employers—like Delta Air Lines—are introducing or considering company healthcare plan...
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Red Tape, Legal Risk Douse Fervor for Surcharges on Unvaccinated
By McDermott Will & Emery on Sep 16, 2021
Posted In Employee Benefits, Employment, Health and Welfare Plans
Companies curious about a major airline’s unvaccinated healthcare premium surcharge are discovering that it may be too complex to copy. The airline recently announced that unvaccinated employees enrolled in the company’s health plan would see a $200 monthly surcharge. In this Bloomberg Law article, McDermott Partner Judith Wethall said the compliance hurdles are “tricky and...
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Companies Eye Financial Penalties for Unvaccinated Workers
By McDermott Will & Emery on Sep 10, 2021
Posted In Employee Benefits, Employment, Health and Welfare Plans
As companies consider whether or not to introduce vaccine mandates for employees, there is interest among some employers to increase health care premiums or impose financial penalties on employees who refuse vaccination. One major airline, for example, recently announced that unvaccinated employees enrolled in the company’s health plan would see a $200 monthly surcharge. However,...
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Ruling Gives Ammunition in Fights Over Health Insurer Clawbacks
By McDermott Will & Emery on Jul 1, 2021
Posted In Employee Benefits, Fiduciary and Investment Issues, Health and Welfare Plans
A recent ruling from a New Jersey federal district court gives ammunition to providers fighting to stop insurers from engaging in cross-plan offsetting, a common billing practice where health insurers attempt to claw back overpaid claim money from one patient by withholding payment from another patient in a different health plan. The ruling—which found that...
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How to Apply the IRS’s COBRA Premium Subsidy Guidance
By Jacob Mattinson, Sarah Raaii, Teal Trujillo and McDermott Will & Emery on Jun 9, 2021
Posted In Employee Benefits, Employment, Health and Welfare Plans
On May 18, 2021, the Internal Revenue Service (IRS) issued much-anticipated Notice 2021-31 (the Notice) regarding the Consolidated Omnibus Budget Reconciliation Act (COBRA) premium subsidy provisions of the American Rescue Plan Act of 2021 (ARPA). Under ARPA, a 100% COBRA premium subsidy and additional COBRA enrollment rights are available to certain assistance eligible individuals (AEIs)...
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Biden HHS Pick Is a Shot in the Arm for Mental Health Parity
By McDermott Will & Emery on Apr 27, 2021
Posted In Employee Benefits, Employment, Health and Welfare Plans, Labor
The federal government has taken major steps to boost insurers’ coverage of mental health and substance abuse treatment in recent years, and with the confirmation of former California Attorney General Xavier Becerra to lead the U.S. Department of Health and Human Services, that trend will likely continue. Access the article.
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DOL Move Bodes Well for Socially Conscious 401(k) Investing
By McDermott Will & Emery on Apr 20, 2021
Posted In Employee Benefits, Health and Welfare Plans, Retirement Plans
The US Department of Labor’s decision last month to table Trump-era regulations limiting socially conscious investments by retirement plans signals that the Biden administration is considering an embrace of so-called ESG funds, which attempt to advance environmental, social and corporate governance goals. Tabling these regulations brings “the Department of Labor into alignment with the desire...
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Free Health Insurance! 100% COBRA Subsidy in COVID Stimulus Package: Questions & Answers
By McDermott Will & Emery on Mar 23, 2021
Posted In Digital Health, Employee Benefits, Health and Welfare Plans
The 100% Consolidated Omnibus Budget Reconciliation Act (COBRA) subsidy in the $1.9 trillion American Rescue Plan Act (ARPA) means that more than two million laid off Americans will have the option to extend their workplace healthcare insurance for free—temporarily. In a recent article for Forbes, McDermott partner Judith Wethall outlines what the COBRA subsidy potentially...
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3 Benefits Takeaways from New Surprise Medical Billing Law
By McDermott Will & Emery 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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