Health & Welfare

DOL Says Claimant May Request Phone Call Recordings Relevant to Benefits Claim

The DOL has stated in a June 14, 2021 Information Letter, that under ERISA claims procedures, a participant must be given audio recordings of telephone conversations that are relevant to his claim for benefits.

Court Reviews Requirements for Providing Adequate Notice of COBRA Rights

The U.S. District Court for the Eastern District of Michigan, in Green vs. FCA US, LLC, has ruled that a terminated employee could proceed with his claim against his former employer based on its failure to provide adequate notice of his right to health care continuation coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”).  

Will Federal Rules on Mental Health Parity Work This Time?

Agencies Issue Guidance Regarding Consolidated Appropriations Act, 2021 (“CAA”) Amendments to Mental Health Parity and Addiction Equity Act (“MHPAEA”)

Surprise DOL Guidance on Conclusion of One-Year ERISA Compliance Relief Period

By Dannae Delano and Barry Salkin Even with widespread bipartisan support, it can be difficult to draft legislation to address all possible contingencies. In the wake of the events of September 11, 2001, Congress enacted ERISA §518 and Internal Revenue Code (the “Code”) §7508A, which generally allow the Secretaries of Labor and Treasury to disregarded a period of time of less than one year in ...

FAQs Discuss Expiration of Paid Sick and Family Leave Requirements

The Department of Labor has issued additional FAQs regarding the expiration of the requirement that employers provide paid sick and family leave under the Families First Coronavirus Response Act (“FFCRA”).

Agencies Issue Final Grandfathered Group Health Plan Regulations

The Department of Labor, Department of Health and Human Services, and the IRS (collectively, the “Agencies”) have issued final regulations providing greater flexibility to plan sponsors that wish to retain their group health plans’ “grandfathered” status under the Affordable Care Act (“ACA”).  The final regulations are substantially unchanged from the earlier proposed regulations.

IRS Confirms Options for Unused Qualified Transportation Benefits Due to COVID-19

Facts. The IRS released Information Letter 2020-0024 in response to an inquiry it received from a qualified transportation plan participant with unused transit benefits due to COIVD-19. In particular, the participant explained that due to the COVID-19 pandemic he was now driving to work rather than taking public transportation, and he asked whether his unused benefits could be rolled over to ...

2021 Medicare Parts A & B Premiums and Deductibles

The Centers for Medicare & Medicaid Services (“CMS”) has announced the deductibles, premiums and coinsurance amounts for Medicare Part A and Part B for 2021. Medicare Part A covers inpatient hospital and hospice care, while Part B covers outpatient services such as doctors’ visits.

Agencies Issue Final Regulations Regarding Health Care Transparency

By Barry L. Salkin, Roberta Casper Watson, and Dannae Delano

Agencies Issue Guidance on Coronavirus Diagnostic Testing and Immunizations

Section 6001 of the Families First Coronavirus Response Act (FFCRA) required group health plans and health insurance issuers to provide coverage for certain items and services including in vitro diagnostic testing products for the detection of the virus that causes COVID-19, or for the diagnosis of COVID-19 when those items or services are offered on or after March 18, 2020, and during the public ...