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May 30, 2020

The Department of Labor (DOL) has increasingly been focusing their enforcement activities on ERISA compliance.  The DOL reported recoveries of $2.5 billion in direct payments to benefit plans, participants, and beneficiaries in fiscal year 2019, which is more than a 50...

May 17, 2020

As Americans, both voluntarily and due to state orders, delay elective surgeries and avoid doctor’s offices, healthcare spending has hugely declined nationwide. The largest U.S. for-profit hospital operator, HCA Healthcare, has reported a 70% drop in outpatient surgeri...

May 4, 2020

As a response to the COVID-19 pandemic, the IRS has extended the deadline to file the Form 5500. Form 5500s that were due between April 1 and July 15, 2020, are now due on July 15, 2020. This generally applies to benefit plans with plan years ending in September, Octob...

April 30, 2020

In response to the financial volatility caused by COVID-19, Congress recently passed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). In addition to providing stimulus and unemployment benefits, the law also suspends all Required Minimum Distribution...

April 23, 2020

As concerns about COVID-19 heighten, health plans are in the middle of efforts to reduce the spread. In addition to covering diagnostic testing and treatment of COVID-19, health plans may also have valuable information about which individuals have the disease and when...

April 17, 2020

In early March, the Supreme Court announced that it will again hear arguments regarding the constitutionality of the Affordable Care Act. The original case, Texas v. United States, was initially decided by a Texas district court after Republican state attorneys general...

March 31, 2020

Roger Severino, the director of the Office for Civil Rights at the Department of Health and Human Services who oversees HIPAA enforcement, recently commented that there is an abundance of “low-hanging fruit” of HIPAA noncompliance. Specifically, he noted that covered e...

March 21, 2020

The International Foundation of Employee Benefits Plans recently published a report titled Trends in Multiemployer Trustee Boards: 2019 Survey Results, outlining the complexity and challenges individuals face while serving on multiemployer fund boards. The report aggre...

March 10, 2020

Effective in 2020, penalties for failing to timely file a Form 5500 have increased substantially. As a reminder, retirement and health and welfare plans must file the form yearly with the Employee Benefits Security Administration (EBSA) at the end of the seventh month...

March 5, 2020

A recent case from a Louisiana district court emphasizes the importance of keeping records of required COBRA notices. In the case, a former employee claimed she never received a notice of her right to elect COBRA coverage after she was terminated from employment, and f...

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