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Fifth Circuit’s Decision in Dwyer v. United Healthcare Ins. Co., Highlights Shortcomings with Full and Fair Review of Beneficiary’s Claims for Coverage Due to Eating Disorder
In Dwyer v. United Healthcare Ins. Co., a young woman with symptoms of anorexia nervosa was covered under her father’s employee group...
kprenatt
Nov 20, 20242 min read
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Cybersecurity Compliance-Updated Guidance Issued By Department of Labor
In early September, the Department of Labor (“DOL”) put to rest any lingering doubts from health and welfare plans or their service...
kprenatt
Nov 6, 20241 min read
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Mental Health Parity and Addiction Equity Act (“MHPAEA”)-Final Rules Issued
Recently, the U.S. Department of Health and Human Services, the Department of Labor and the Department of Treasury (collectively referred...
kprenatt
Oct 23, 20243 min read
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DOL Search Tool for Lost Participants Needs Assistance from Plan Administrators
The SECURE Act 2.0 brought many changes to the benefits arena, one of which was the call to create a national data base/search tool that...
kprenatt
May 21, 20242 min read
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DOL Updates and Finalizes QPAM Rule
In July 2022, the DOL proposed certain changes to Prohibited Transaction Exemption 84-14, the Qualified Professional Asset Manager...
kprenatt
May 11, 20242 min read
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Confidentiality of Substance Use Disorder (SUD) Patient Records
On February 8, 2024, the Department of Health and Human Services (“HHS”) and the Substance Abuse and Mental Health Services...
kprenatt
Apr 30, 20241 min read
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Deadline for Prescription Drug Collection Reporting for 2023 is June 1, 2024
The Consolidated Appropriations Act (“CAA”) requires insurance companies and group health plans to annually report and provide...
kprenatt
Apr 23, 20241 min read
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IRS Alert- Nutrition, Wellness and General Health Expenses
A year ago, the IRS released FAQs providing additional guidance on whether certain expenses incurred for nutrition, wellness and general...
kprenatt
Apr 9, 20242 min read
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Cyberattack on Change Healthcare Continues to Impact Covered Entities and Patients
In February 2024, Change Healthcare, a subsidiary of UnitedHealth Group, was the target of cyberattacks that forced Change Healthcare to...
kprenatt
Mar 28, 20241 min read
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PLESA Meet You- Pension-Linked Emergency Savings Accounts Are Here
Pension-Linked Emergency Savings Accounts, or PLESAs, are a product of SECURE Act 2.0. They offer a new type of savings vehicle that may...
kprenatt
Mar 19, 20242 min read
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Updates to Apprenticeship Regulations- Comments Due by March 18th
On January 17, 2024, the Department of Labor’s proposed updates to the apprenticeship regulations were published in the federal register,...
kprenatt
Mar 9, 20242 min read
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A Prescription for Litigation
In recent years, the number of class action lawsuits filed against retirement plan fiduciaries have dramatically increased. Generally,...
kprenatt
Feb 27, 20242 min read
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Independent Contractor Final Rule Released- Effective March 11, 2024
The DOL released its Final Rule for determining whether an individual is an employee or independent contractor for purposes of the Fair...
kprenatt
Feb 6, 20241 min read
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Fiduciary Rule Remains a Controversial Topic Heading into 2024
On October 31, 2023, the Department of Labor (“DOL”) issued its proposed Retirement Security Rule (“Fiduciary Rule”), which looks to...
kprenatt
Jan 31, 20242 min read
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SECURE 2.0 Act Of 2022- Miscellaneous Guidance Issued At Year End
Prior to the end of 2023, Notice 2024-2 was issued from the Internal Revenue Service (“IRS”) providing guidance on miscellaneous changes...
kprenatt
Jan 23, 20242 min read
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Gender Affirming Care: Gender Identity and Gender Expression
A recent decision from the United States District Court for the Eastern District of Pennsylvania shows that gender affirming care...
kprenatt
Jan 16, 20242 min read
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Arbitration Clauses and ERISA
The enforceability of mandatory arbitration clauses as they might relate to ERISA claims remains an unsettled area of law. In...
kprenatt
Jan 2, 20242 min read
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Subject to Scrutiny: Cross-Plan Offsetting Practices and Fiduciary Concerns
A recent News Release published by the Department of Labor (“DOL”) announcing a settlement agreement with Emblem Health, Inc., a...
kprenatt
Dec 18, 20232 min read
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COBRA Class Action Lawsuit Regarding Election Notices
In a recent class action lawsuit, Bryant v. Walgreen Co., a group of terminated employees alleged that the employer’s COBRA notice failed...
kprenatt
Nov 20, 20231 min read
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HIPAA Complaints & Settlements
While individuals do not have a right to a private cause of action under HIPAA, they may file a complaint with the Office for Civil...
kprenatt
Nov 7, 20232 min read
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