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The Department of Health and Human Services ("HHS") has rescinded earlier regulations governing the health plan identifiers ("HPIDs") that group health plans were required to obtain and use in standard electronic transmissions as specified in the Health Insurance...
In UBS Financial Services, Inc. v. Aliberti (SJC-12662), the Massachusetts Supreme Judicial Court has ruled that no fiduciary relationship existed between the commercial custodian of an individual retirement account (IRA) and a named beneficiary of that account,...
In yet another turn of events in the ongoing EEO-1 Component 2 data collection saga, the EEOC’s self-declared cessation to collect the Component 2 data has been overturned by Judge Tanya Chutkan of the District of Columbia. The Court ordered that the EEOC continue to...
The Seventh Circuit Court of Appeals, in Fessenden v. Reliance Standard Life Ins. Co., has held that a plan administrator's decision to deny a participant's claim for long-term disability ("LTD") benefits was subject to the de novo standard of review because the...
In 2002, the DOL issued a safe harbor for electronic disclosure that is available only to those participants that have electronic media at work, and those individuals who affirmatively opt in to electronic documentation. There have been calls from many quarters for...
The U.S. District Court for the District of Arizona has ruled, in Greiff vs. Life Insurance Company of North America, that a long-term disability plan participant need not exhaust an insurer's administrative remedies before suing in federal court, unless the insurance...
The IRS has issued proposed regulations to clarify the application of the ACA's employer shared responsibility provisions under Section 4980H of the Internal Revenue Code (the "Code") and certain nondiscrimination rules for self-funded plans under Code Section 105(h)...
The IRS has ruled, in Private Letter Ruling 201933005, that portions of the cost of a genetic testing service may be considered medical expenses and may, therefore, be reimbursed by a health care Flexible Spending Account ("FSA").An employee purchased a private...
In August of this year, a Ninth Circuit three-judge panel ruled in Dorman v. The Charles Schwab Corporation, DC No. 4:17-cv-00285-CW, 2019 WL 3939644 (9th Cir. August 20, 2019) that a plan document's arbitration provision could bar class action allegations of breach...
The U.S. Department of Labor finalized its overtime rule which will become effective on January 1, 2020. Notably, the DOL increased the threshold for the FLSA overtime exemption from $23,660 to $35,568 per year, or $684 per week. The DOL also increased the "highly...