Click here for a printer-friendly version. Federal courts are conflicted on the elements necessary to prove that ERISA plan fees paid to a service provider are a prohibited transaction. Recent decisions from the Second and Ninth Circuits added to [...]
Click here for a printer-friendly version. A federal district court in Texas previously ruled that the United States Preventive Services Task Force (USPSTF) lacked authority to determine which services are covered by the Affordable Care Act’s preventive care mandate, [...]
In June, the Supreme Court ruled the Constitution does not guarantee a right to abortion, leaving states free to regulate them. This means state law may dictate coverage of abortions by insured health plans while ERISA plan sponsors may decide whether self-funded health plans will cover abortions. Limits on coverage will apply—for example, plans generally will not cover medical procedures that are illegal in the state where performed. Other issues remain open—for example, coverage of abortifacient drugs obtained out-of-state and reimbursement for out-of-state travel to obtain an abortion. Upcoming legislative sessions will likely produce additional laws.
Click here for a printer-friendly version. Congress passed the SECURE 2.0 Act of 2022, which has far-reaching impacts on retirement plans. See our separate article for additional information. Some investment houses now include bitcoin in their fund offerings for [...]
Click here for a printer-friendly version. Various regulations and guidance from the HHS, DOL, and the Department of Treasury (the Departments) address implementation of the surprise billing rules and transparency regulations under the Consolidated Appropriation Act, 2021 (CAA), which [...]
Click here for a printer-friendly version. In addition to COVID-19 relief provisions, the American Rescue Plan Act (ARPA) enacted in March provided funding relief for multiemployer and single-employer pension plans. The multiemployer plan relief includes: Estimated $90+ billion in [...]
Congress and agencies issued various relief and rules in response to the COVID-19 pandemic: The Families First Coronavirus Response Act temporarily requires group health plans to cover COVID-19 testing and related services without cost-sharing. The Coronavirus Aid, [...]
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) included several provisions impacting retirement plans, all of which were modeled after prior legislation providing financial relief options to participants in times of national disaster or other [...]
In December 2019, Congress passed the Setting Every Community Up for Retirement Enhancement Act (SECURE Act) as part of the Appropriations Act. See our article for additional information. Pursuant to an Executive Order, the IRS proposed updates [...]
In December 2019, the Fifth Circuit Court of AppealsTexas v. United States, 945 F.3d 355 (5th Cir. 2019), as revised (Dec. 20, 2019). struck down the individual mandate penalty under the Affordable Care Act (ACA) for an individual [...]