Employee Benefits Archives | Page 81 of 151

District Court Dismisses Shareholder Claim That Equity Award Share Withholding Triggers Section 16(b) Liability

by Andrew Liazos | Aug 22, 2017 | Employee Benefits, Executive Compensation

A United States District Court recently dismissed a claim that an insider’s election to satisfy an income tax obligation by having shares withheld from the delivery of an award constituted a non-exempt sale of shares back to the issuer for purposes of Section 16(b) of the Securities Exchange Act of 1934 ( Exchange Act), unless the share withholding was required, rather than merely permitted. While an encouraging development, this decision is now on appeal to the Fifth Circuit and there are similar unresolved complaints in other jurisdictions. Until this matter is resolved, public companies should continue to consider what steps are appropriate to avoid Section 16 exposure and to review this situation with their executive officers.

Next Generation of Patient Care: Balancing Digital Engagement with Patient and Consumer Privacy

by Jennifer S. Geetter and Lisa Schmitz Mazur | Aug 17, 2017 | Employee Benefits, Health and Welfare Plans, Privacy and Data Security

Jennifer Geetter and Lisa Schmitz Mazur wrote this bylined article on the regulatory implications of technology-supported devices, resources, and solutions that facilitate health patient-provider interaction. “Health industry regulators are struggling with how to apply the existing privacy regulatory regime, and the permitted uses and disclosures for which they provide, in this new world of healthcare innovation,” the authors wrote.

Digital Health Governance: Management and Strategy for the 21st Century Digital Economy

by Dale C. Van Demark and Jennifer S. Geetter | Aug 15, 2017 | Employee Benefits, Health and Welfare Plans, Privacy and Data Security

Jennifer Geetter and Dale Van Demark wrote this bylined article on how companies must manage and govern their use of digital healthcare information assets. “Organizations will need to design and implement digital governance structures that … include additional components and organizational stakeholders, in order to meet the business and strategic demands of the digital health revolution,” the authors wrote.

As Federal Progress Stalls, State, Local and Private Initiatives March Towards Pay Equity

by McDermott Will & Emery and Evan A. Belosa | Aug 10, 2017 | Employee Benefits, Employment, Executive Compensation, Labor

Pay equity, the concept that gender differences should not affect compensation, is a concept easy to support, yet has been stubbornly hard to achieve. Federal law has become calcified in addressing the stubborn pay gap between men and women. State and local initiatives, along with private actors, have increasingly taken steps in the past year to address pay equity.

Senate Rejects Proposals to Repeal and Replace Affordable Care Act

by McDermott Will & Emery, Jacob Mattinson and Megan Mardy | Aug 8, 2017 | Employee Benefits, Health and Welfare Plans

Senate Republicans failed to pass legislation to repeal and replace the Affordable Care at the end of July. After voting to proceed with debate on the American Health Care Act, which was passed by the House in May, the Senate introduced and voted against several replacement amendments and bills, including a new version of the Better Care Reconciliation Act, with amendments by Senators Ted Cruz (R-TX) and Rob Portman (R-OH), and the Obamacare Repeal Reconciliation Act.

Read the full article.

The Basics of Health Savings Accounts and Health Flexible Spending Accounts

by McDermott Will & Emery and Jacob Mattinson | Aug 1, 2017 | Employee Benefits, Health and Welfare Plans

In a recent webinar, Jake Mattinson and Sarah Raaii discussed the basics of health savings accounts (HSAs) and health flexible spending accounts. They provided an overview of the various regulations surrounding HSA, such as eligibility requirements, high deductible health plans, and contributions and distributions, and cafeteria plans. Additionally, they analyzed the differences between HSAs and Health FSAs and HRAs.

View the full presentation.

Round Two: Significant Telehealth Expansion Re-Proposed in Bipartisan Senate Bill

by McDermott Will & Emery, Lisa Schmitz Mazur and Marshall E. Jackson, Jr. | Jul 25, 2017 | Employee Benefits, Health and Welfare Plans

On May 3, 2017, the Creating Opportunities Now for Necessary and Effective Care Technologies for Health Act of 2017 (S. 2016) (CONNECT Act of 2017) was reintroduced by the same six senators who had initially introduced the legislation in early 2016 and referred to the Senate Committee on Finance. As we previously reported on February 29, 2016, this iteration of the proposed bill also focuses on promoting cost savings and quality care under the Medicare program through the use of telehealth and remote patient monitoring (RPM) services, and incentivizing such digital health technologies by expanding coverage for them under the Medicare program — albeit using different terminology.

Read the full article.

Adding Value to Your Organization: Benefits Best Practices to Avoid Common Mistakes

by McDermott Will & Emery and Jacob Mattinson | Jul 20, 2017 | Employee Benefits, Executive Compensation, Health and Welfare Plans, Retirement Plans

In a recent webinar, Jake Mattinson and Sarah Raaii discussed the practices that benefits professionals can adopt to add value to their organizations and avoid common mistakes. Jake and Sarah discussed recommended practices for ERISA benefit claims and inquiries, how to review plan compensation definitions and payroll codes, best practices for corrections using the Voluntary Fiduciary Correction Program (VFCP), and the importance of document retention. The webinar is part of the larger Benefits Emerging Leaders Working Group, a group that meets to discuss key benefit issues and trends and provides networking opportunities aimed at connecting tomorrow’s benefit leaders with a broad network of professionals.

View the full presentation.

M&A Webinar Series Part II: The Due Diligence Process

by Andrew Liazos | Jul 13, 2017 | Employee Benefits, Executive Compensation, Health and Welfare Plans, Retirement Plans

There are many different types of mergers and acquisitions (M&A) transactions, making it very important to understand the overall deal structure and process. Andrew C. Liazos presented “Mergers and Acquisitions Webinar Series Part 2: The Due Diligence Process” for the CLE Program as part of the ABA Joint Committee on Employee Benefits and the American College of Employee Benefits Counsel. He discussed the overall architecture of a deal, including the parties involved, what drives the deal structure, where to get data, price negotiations and more. The presentation focused on specific M&A areas including pension, other retirement and executive benefits.

View the full presentation.

Last but Not Least, Texas Takes the Final Steps to Embrace Telemedicine

by Lisa Schmitz Mazur and Ryan Marcus | Jul 11, 2017 | Employee Benefits, Health and Welfare Plans, Privacy and Data Security

As one of the last states to retain highly restrictive (and arguably anti-competitive) telemedicine practice standards, health care providers, regulatory boards, technology companies, payors and other stakeholders have been actively monitoring Texas’ approach to telemedicine regulation and the related Teladoc case. Senate Bill 1107, a bill that significantly eases the delivery of care via telemedicine in the state of Texas, was passed on May 18 and signed into law by Governor Abbott on May 30.

Read the full article.

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