Insights Archive - Ogletree Deakins

EEOC Issues Long-Awaited Proposed Wellness Program Rules

The U.S. Equal Employment Opportunity Commission (EEOC) recently issued its revamped proposed rules governing employer-sponsored wellness programs. These proposed rules have been a long time coming, with the EEOC’s prior rules on the topic having been invalidated by a court and then partially revoked. In this current proposal, the EEOC has issued two separate sets of regulations: one under the Americans with Disabilities Act (ADA) and one under the Genetic Information Nondiscrimination Act of 2008 (GINA).

Jason A. Rothman Cleveland Author

Kristine M. Bingman Portland (OR) Author

Jessica Kuester Indianapolis Author

Use It, but Don’t Lose It: New Stimulus Law Extends Time to Spend Down 2020 Health FSA and Dependent Care Balances

Employers will now have additional options to address participants’ unspent contributions to dependent care or health flexible spending accounts (FSAs) resulting from the COVID-19 pandemic. The Consolidated Appropriations Act, 2021 (H.R. 133, P.L. 116-260), signed into law on December 27, 2020, provides temporary relief for employees that were unable to spend down their dependent care and health FSAs by the end of the plan year and may otherwise forfeit these contributions.

Ruth Anne Collins Michels Atlanta Author

Kristine M. Bingman Portland (OR) Author

Walter B. Parker Atlanta Author

Spurred by COVID-19 Emergency, IRS Issues Cafeteria Plan Relief

Relief from the strict employee benefit cafeteria plan mid-year election changes rules has finally arrived. In Notice 2020-29, the Internal Revenue Service (IRS) issued guidance providing cafeteria plan participants with additional flexibility to make mid-year election changes as needed due to the COVID-19 pandemic.

Kristine M. Bingman Portland (OR) Author

Jessica Kuester Indianapolis Author

What’s Changed, What Hasn’t: A Review of HIPAA Rules in a COVID-19 Context

With employers planning for employees to return to work following COVID-19–related closures, there are sure to be questions about sharing employee medical information as it relates to COVID-19 (symptoms, test results, status) within the workplace and with public authorities. Now may be a good time to review what has changed about federal privacy rules in light of the COVID-19 pandemic—and what hasn’t.

Kristine M. Bingman Portland (OR) Author

Hillary M. Sizer Chicago Author

Timothy J. Stanton Chicago Author

FAQs Clarify COVID-19 Testing and Diagnosis Requirements for Employer Health Plans

Employers now have greater clarity on how the new federal requirements covering COVID-19 testing and diagnosis apply to their group health plans, under guidance issued by the U.S. Department of Labor, U.S. Department of Health and Human Services, and U.S. Department of Treasury.

Timothy J. Stanton Chicago Author

Kristine M. Bingman Portland (OR) Author

CARES Act Prompts Changes to Employer-Sponsored Health Plans

The Coronavirus Aid, Relief, and Economic Security (CARES) Act, which was signed into law on March 27, 2020, contains several provisions—some mandatory and some optional—that affect employer-sponsored group health plans.

Timothy J. Stanton Chicago Author

Kristine M. Bingman Portland (OR) Author

Hillary M. Sizer Chicago Author

Beltway Buzz, April 5, 2019

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C. could impact your business.

James J. Plunkett Washington D.C. Author

D.C. Court Strikes Down Key Parts of DOL’s Association Health Plan Rule

On March 28, 2019, the U.S. District Court for the District of Columbia struck down key parts of the U.S. Department of Labor’s (DOL) final rule expanding the availability of association health plans (AHPs).

Stephanie A. Smithey Indianapolis Author

Kristine M. Bingman Portland (OR) Author

Federal Judges Halt Expanded Exemption From ACA Contraceptive Mandate

In back-to-back decisions, two federal district court judges have blocked implementation of a Trump administration rule that would exempt more employers from the Patient Protection and Affordable Care Act (ACA) requirement that employer-sponsored group health plans cover birth control supplies and services as preventive care without cost-sharing.

Kristine M. Bingman Portland (OR) Author

Walter B. Parker Atlanta Author

Proposed Rule Aims to Resurrect Health Reimbursement Arrangements

Under a proposed rule that the Department of Labor (DOL), Department of the Treasury, and the Department of Health and Human Services (HHS) jointly issued on October 29, 2018, employers may soon have more flexibility to fund health insurance coverage for employees through health reimbursement arrangements (HRAs), other account-based group health plans, and individual health insurance policies.

Kristine M. Bingman Portland (OR) Author

DOL Finalizes Expansive Association Health Plan Rule

The U.S. Department of Labor (DOL) recently finalized its much-anticipated rule which expands opportunities for small businesses and certain self-employed individuals to band together to obtain more affordable group health coverage under an association health plan (AHP).

Eric D. Penkert Greenville Author

Kristine M. Bingman Portland (OR) Author

Stephanie A. Smithey Indianapolis Author

New Mental Health Parity Guidance and Enforcement Efforts May Warrant a Deep Dive Into Plan Administration

The Department of Labor (DOL), the Department of the Treasury, and the Department of Health and Human Services (HHS) are making good on their promise to issue more guidance and to aggressively enforce the federal Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA) by recently issuing a slew of new guidance, enforcement statistics, and promises of continued aggressive enforcement.

Kristine M. Bingman Portland (OR) Author

Timothy J. Stanton Chicago Author

State Male Contraceptive Laws May Create HSA Problems for Employers

States such as Illinois, Maryland, and Oregon that have enacted laws requiring health insurers to cover certain male contraception on a first-dollar basis may be creating traps for unwary employers that sponsor high-deductible health plans.

Kristine M. Bingman Portland (OR) Author

Timothy J. Stanton Chicago Author

DOL Proposes More Permissive Association Health Plan Rule

Small businesses and self-employed individuals may soon have more options for obtaining affordable group health coverage. As directed by Executive Order 13813, on January 5, 2018, the U.S. Department of Labor (DOL) released proposed regulations (83 Fed. Reg. 614) intended to increase the availability of association health plans (AHPs).

Ruth Anne Collins Michels Atlanta Author

Kristine M. Bingman Portland (OR) Author

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