Feb 12, 2025 New CAA 2021 FAQs Address No Gag Clause Requirements The DOL, HHS, and IRS (the departments) issued FAQs Part 69, which provides additional guidance regarding the CAA 2021 gag clause prohibition and attestation requirement.
Feb 12, 2025 DOL Opinion Letter Addresses Interaction of FMLA and State Paid Family and Medical Leave (PFML) and Local Paid Leave The DOL issued an opinion letter clarifying the “substitution” provision under the FMLA when it intersects with a state paid family and medical leave (PFML) program or local paid leave (e.g., paid sick leave) law. The term “substitute” means that either the employer or employee, on their own, can decide to have employer-provided paid leave (e.g., PTO, sick leave, vacation) run concurrently with the unpaid FMLA leave.
Feb 12, 2025 Court Blocks Enforcement of HIPAA Reproductive Privacy Rule Against Provider A federal court in the Northern District of Texas issued a preliminary injunction against HHS in a case concerning the 2024 HIPAA Privacy Rule to Support Reproductive Healthcare Privacy, preventing that agency from enforcing that rule against the plaintiffs pending the resolution of litigation.
Jan 29, 2025 Court Dismisses ERISA Fiduciary Breach Claims Against J&J The court found that the plaintiff participant had failed to establish standing as required under Article III of the US Constitution. Generally, the court’s ruling and opinion are good news for plan sponsors, and highlight the many challenges plaintiffs will face in establishing Article III standing to pursue similar fiduciary breach claims.
Jan 29, 2025 Trump Signs Flurry of Executive Orders That Could Eventually Impact Group Health Plan Compliance The executive orders do provide a general road map on where the Trump administration may go with its health policy, including potential impacts on employer group health plans.
Jan 29, 2025 Departments Release MHPAEA 2024 Report to Congress The 2024 Report highlights ongoing efforts of the departments to enforce protections of MHPAEA and, more specifically, the CAA 2021 nonquantitative treatment limitation (NQTL) comparative analyses requirements.
Jan 29, 2025 DOL and CMS Issue MHPAEA Enforcement Fact Sheet The DOL and CMS recently released the 2023 Mental Health Parity and Addiction Equity Act (MHPAEA) Enforcement Fact Sheet that summarizes MHPAEA enforcement efforts for fiscal year 2023.
Jan 29, 2025 Departments Withdraw Proposed Rule Requiring Coverage of OTC Contraceptives as Preventive Care On January 15, 2025, the DOL, HHS, and IRS withdrew proposed rules that would have, among other items, expanded ACA preventive care coverage to include over-the-counter (OTC) contraceptives.
Jan 29, 2025 IRS Issues Guidance for States and the District of Columbia with Paid Family and Medical Leave Programs On January 15, 2025, the IRS issued important guidance (Revenue Ruling 2025-4) on the federal income and employment tax treatment of contributions and benefits paid under state-paid family and medical leave (PFML) programs, as well as the related tax reporting requirements.
Jan 15, 2025 DOL Announces 2025 Adjustments to ERISA Penalties The annual adjustments relate to a wide range of compliance issues and are based on the percentage increase in the Consumer Price Index for All Urban Consumers (CPI-U) from October of the preceding year.