When planning for retirement, employers can offer a wide variety of investment vehicles. One such vehicle is a Roth 401(k). A Roth 401(k) operates similarly to a traditional 401(k); your employer sponsors the plan, you contribute money to the account, you choose how the money is invested, and you can begin withdrawing the money after you retire. As discussed in greater detail in the next section, the differences between...
Continue reading…Texas Court Overrules Qualified Payment Amount Assumption for Non-Contracting Claims
In December 2020, Congress passed the No Surprises Act, which, among other things, aims to end balance billing for services provided by non-contracting providers at contracting facilities and by providers of emergency services. Providers can only receive payment for these services from the Plan. Under the No Surprises Act, if a provider that does not have a contract to provide services to Plan Participants (non-contracting provider) disagrees with an...
Continue reading…No Surprises Act Expands Emergency Medical Services in Two Important Ways
The No Surprises Act ushered in several changes for health and welfare plans. Much has been said about the out-of-network emergency medical charges, out-of-network charges provided at an in-network facility, and air ambulance rules. But the Act also expanded the definition of “emergency services” in two important, but subtle, ways. That definition now includes (1) services provided at a “Free Standing Emergency Department” and (2) Post-Stabilization Services. Free Standing Emergency...
Continue reading…Protecting Plan Assets – Department of Labor Releases Cybersecurity Guidance
Are your assets properly protected? Are your firewalls up to date? As of 2018, defined benefit and defined contribution plans hold over nine trillion dollars with of assets. However, the level of security safeguarding these assets were deemed subpar by the Department of Labor (DOL). As a result, the DOL drafted broad-reaching guidance to address issues with securing assets. On April 14, 2021, the DOL’s Employee Benefits Security Administration (ESBA)...
Continue reading…U.S. Supreme Court Upholds the Affordable Care Act (Again)
Like a cat with nine lives, the Affordable Care Act has survived yet another challenge at the U.S. Supreme Court level. On a 7-2 vote, the Court rejected the latest challenge to the Affordable Care Act (“ACA”), concluding that the plaintiffs did not have standing to challenge the constitutionality of the Act. With this ruling, authored by Justice Breyer, the ACA looks secure for the foreseeable future. In the latest...
Continue reading…The New Mental Health Parity Analysis: The Department of Labor Issues Guidance to Assist Health Plans with Compliance
On December 27, 2020, Congress enacted the Appropriations Act, which included several provisions that affected Health & Welfare Plans. One of those provisions required Health Plan to perform an analysis of the Plan’s “Non-Quantitative” Treatment Limits (“NQTLs”). NQTLs are rules, limits, or restrictions on coverage that are cannot be counted; such as rules on prior authorization, standards for admitting providers to the network, and the classification of treatments as...
Continue reading…Modern Board of Trustee Meetings Require a Modern Trust Agreement
The global pandemic has had a substantial impact on all our lives. Nearly every aspect of our day-to-day life has changed in some way. In the Taft-Hartley fringe benefit world, many Boards of Trustees have been forced to meet virtually as opposed to meeting in person since the pandemic began. Only just recently have most Plans began to meet in person again. While the preference may be for Trustees...
Continue reading…Ohio Modifies Employment Discrimination Law: The Impact of the New Ohio Employment Law Uniformity Act
Recently, Governor Mike DeWine signed into law the Employment Law Uniformity Act. This Act amends the employment protections in the Ohio Civil Rights Act in multiple respects, which include expanding the statute of limitations and clarifying administrative procedures and remedies. The purpose of Ohio’s new law is to conform more closely to federal Equal Employment Opportunity (EEO) laws. The law went into effect on April 13, 2021. Statute of Limitations....
Continue reading…Final Thoughts on the New (and Temporary) COBRA Subsidy
DOL RELEASES MODEL ARPA COBRA NOTICES
Final Thoughts on the New (and Temporary) COBRA Subsidy
Recently, the Department of Labor released the final model COBRA Notices for the new subsidy created under the Americans Rescue Plan Act of 2021 (“ARPA”). This new subsidy requires plans to cover the full COBRA cost between April 1, 2021 and September 30. 2021 for eligible participants. ARPA also requires plans to... Continue reading…Congress Continues to Debate the American Rescue Plan Act of 2021: When it Comes to Pension Reform, the Plot Thickens
Whether Congress finally enacts pension reform, and how that reform will look, looms in the background as Congress continues to debate (and modify), the $1.9 trillion COVID-19 relief bill currently floating around Capitol Hill. The bill, called the “American Rescue Plan Act of 2021,” was recently modified by the Senate and is with the House of Representatives for final approval. If the House does what is expected and passes...
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