A Timeline of the AHP Final Rule and Recent Litigation
On June 21, 2018, the Department of Labor (“DOL”) published an Association Health Plan Final Rule (“AHP Final Rule” or “Final Rule”) expanding the definition […]
HHS lowers HIPAA annual upper limits to better reflect text of HITECH Act
The Department of Health & Human Services (“HHS”) has issued a Notification of Enforcement Discretion for the Health Information Technology for Economic and Clinical Health […]
The ABC’s of FMLA: A Preamble
In the employee benefit regulation world, the Family & Medical Leave Act of 1993 (“FMLA” or “Act”) takes a back seat to ERISA, perhaps because […]
Oops! When an Employer may Recover Mistaken HSA Contributions
Errors occur; they are part of this human life. We hope when we err it’s nothing “major” and a “quick fix” will take care of […]
Updated Penalty Amounts for ERISA 401(K) and Welfare Plans
On January 23, 2019, the DOL published annual adjustments to the civil monetary penalties for certain ERISA violations applicable to 401(k) plans. Legislation enacted in […]
ERISA Regulations Often Preempt State Laws: Welfare Plans
In the world of employer compliance, it’s common to fall through Alice’s rabbit hole and end up completely confused about which laws apply to a […]
IRS Releases 2019 HSA Reporting Forms
The Internal Revenue Department released 2019 HSA Reporting Forms (Form 5498-SA and Form 1099-SA) and their corresponding instructions. Filing and deadline dates have been updated. […]
EEOC Removes Affected Provisions of Wellness Incentive Rules from CFR
As previously reported, in 2017, a U.S. federal district court issued an order vacating the wellness plan incentive rules imposed under the Americans With Disabilities […]
ACA Still in Effect
On December 14, 2018 a federal district court in Fort Worth ruled that the ACA’s requirement to maintain minimum essential coverage (the so-called individual mandate) […]