Nov 5, 2025 Attesting, Attesting: Is This Thing On? Let’s Talk About Gag Clauses More than 2,200 pages in total, the CAA 2021 included a host of important healthcare reforms, promising to curtail surprise medical bills, improve access to mental health and substance use disorder benefits, empower individuals to shop for better prices for medical services, and ban "gag clauses" that prevent employers from accessing their own plan healthcare cost and quality data. Five years later, that last component – the prohibition on gag clauses in contracts between group health plans and their service providers (e.g., TPAs, provider networks) – has yet to deliver on its promise.
Sep 24, 2025 Don’t Cross the Line: Avoiding PHI Pitfalls in Fully Insured Group Health Plans Despite best efforts to remain hands-off, employers sponsoring fully insured plans might feel compelled to help with an employee’s claims issue or intervene during an employee’s medical emergency or other coverage dispute. In these situations, employers must be mindful of when they are handling PHI as a health plan sponsor and the corresponding additional compliance obligations.
Sep 2, 2025 One Big Beautiful Bill Act, Asked and Answered: Burning Questions in Employee Benefits The One Big Beautiful Bill Act (OBBBA) was signed into law on July 4, 2025, after nearly six weeks of deliberations and amendments in both chambers of Congress. While the final version omits several of the health and welfare benefit provisions in the originally introduced legislation, the bill, as enacted, contains a number of changes for employee benefits that will largely go into effect in 2026. This article answers six common benefit questions from employers related to...
Jul 29, 2025 Navigating ERISA’s Voluntary Plan Safe Harbor Voluntary benefits (also referred to as supplemental or worksite benefits) are gaining traction as a budget-sensitive strategy for enhancing total rewards. With options like critical illness, accident, hospital indemnity, life, disability, dental, vision, pet insurance, and ID theft coverage, these offerings allow employers to support diverse employee needs without significant financial outlay. Often structured to minimize employer involvement...
Jul 1, 2025 Point Well Taken: Determining Whether Your Point Solution Program Is a Group Health Plan In the evolving landscape of employee benefits, “point solution” programs have emerged as targeted offerings designed to address specific health and wellbeing needs that may not be fully covered by an employer’s primary group health plan. These solutions ‒ ranging from physical fitness programs to mental health counseling, chronic condition management, fertility services, or musculoskeletal care ‒ are offered by specialized vendors and marketed as enhancements to the overall welfare benefits package. Depending on the nature and scope of services provided, a point...
May 20, 2025 Handle with Care: A Self-Insured Employer’s Role in Health Plan Appeals Self-insured group health plans have become increasingly popular among employers seeking greater control over their healthcare expenses and flexibility in designing benefits that suit their workforce. Self-insuring can lead to significant cost-savings but also brings certain administrative and regulatory responsibilities and increased exposure to ERISA breach of fiduciary duty lawsuits. For instance, employers sponsoring group health plans...
Apr 22, 2025 MHPAEA Compliance in an Uncertain Regulatory Environment The Mental Health Parity and Addiction Equity Act (MHPAEA) aims to ensure equitable coverage for mental health and substance use disorder benefits. However, recent developments have cast a shadow of uncertainty over its rules and enforcement. The Trump administration has announced plans to reexamine and potentially roll back regulations issued late in the Biden administration, which could include the new MHPAEA comparative analysis...
Mar 26, 2025 Calling All Group Health Plan Sponsors! Time for a Post-Pandemic Checkup of Your Telehealth Program Telehealth benefits experienced a rapid surge in utilization during the COVID-19 pandemic. Even now, almost two years after the national public health emergency was declared over, telehealth benefits remain a popular component of many group health plans and is poised to take on an even greater role as AI expands the personalization, integration, and availability of virtual care. However, with the expiration of the pandemic-era relief measure in 2024, employers should now review their telehealth programs to ensure compliance with current regulations.
Feb 26, 2025 Tobacco Surcharges: Is Your Wellness Program Up to Snuff? This article introduces our new Observations section, which combines compliance information with commentary and practical insights from our Corporate Benefits Compliance team.