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August 4, 2020

The Department of Health and Human Services has extended the public health emergency related to the COVID-19 pandemic. The Secretary of Health and Human Services originally declared the public health emergency effective on January 27, 2020. Public health emergencies re...

July 30, 2020

Chavis v. Plumbers and Steamfitters Local 486 Pension Plan is a case from the Maryland district court involving tax-qualified union pension fund trustees' decision to deny or suspend pension benefits to plan participants who retired from their union positions before ag...

July 18, 2020

Section 1557 of the Affordable Care Act prohibits most health plans from discriminating against a participant on the basis of race, color, national origin, sex, age, or disability. In 2016 under the Obama administration, the Department of Health and Human Services issu...

July 9, 2020

In June, the Departments of Labor, Treasury, and Health and Human Services jointly issued a new set of FAQs further clarifying requirements regarding coverage of COVID-19 testing. Under the Families First Coronavirus Relief Act and the CARES Act, plans are generally re...

June 30, 2020

A new lawsuit filed by a participant whose 401(k) plan assets were stolen acts as a warning to retirement plans to institute procedures to ensure assets are not vulnerable to theft. 

The complaint filed by the participant alleges that an individual, acting as an imposte...

June 20, 2020

On May 1, the Department of Labor added language to the model COBRA notices to clarify the interaction between Medicare and COBRA. The changes apply both to the initial general notice, which is generally sent with enrollment information, and with the election notice se...

June 10, 2020

Sweeping legislation brought in response to the COVID-19 pandemic, the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”), made narrow but robust changes to the rules regarding HRA, FSA, and HSA reimbursements. Funds in HRA, FSA, and HSA accounts may...

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...

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