Seyfarth Synopsis: Yesterday, the Supreme Court heard oral arguments on the most recent challenge to the Affordable Care Act. The case has the potential to invalidate the entire law. While the Court’s decision isn’t expected soon, the oral arguments may provide some clues as to which way the Justices are leaning. We stress, however, that
Seyfarth Launches COVID-19 Employee Benefits Toolkit
Businesses are dealing with the effects of the pandemic on retirement plans and pensions, executive compensation, and health and welfare benefits. Workforce management issues resulting in reduction in hours, furloughs, and severance situations have required unique approaches to termination, conversion or bridging of benefits.
Our Employee Benefits & Executive Compensation attorneys have been monitoring, advising
Transgender Patients Remain Protected: District Court Blocks HHS Rule From Taking Effect
By: Emily Miller, Ben Conley, and Sam Schwartz-Fenwick
Seyfarth Synopsis: A Federal Court has temporarily enjoined the Trump administration from putting into effect its recent rule that strips the Affordable Care Act of its gender identity protections.
The section of the final rule on Section 1557 of the Affordable Care Act that
The 10th Circuit’s New Interpretation of What is Mandated under ERISA’s Notice Requirements May have Far Reaching Effects On Plan Administrator’s Duties
By: Rebecca K. Bryant, Sam M. Schwartz-Fenwick, and Ian H. Morrison
Seyfarth Synopsis: A recent 10th Circuit decision holding that in order for the abuse of discretion standard to apply in litigation the claims administrator must provide participants with actual notice of discretionary authority or notice of a document affecting standard of review
FBI Warns of Emerging COVID-19 Testing and Treatment Fraud Schemes
On April 13, 2020, the Federal Bureau of Investigation issued a press release warning the public about several emerging health care fraud schemes related to the COVID-19 pandemic.
The press release warns that, “[B]ad actors are selling fake COVID-19 test kits and unapproved treatments through telemarketing calls, social media platforms, and
Months After Ordering Plans to Disregard Sub-Regulatory Guidance, Trump Administration Learns to Love the Informal FAQs
Seyfarth Synopsis: On April 11, the IRS, DOL and HHS issued a series of FAQs clarifying the scope of the FFCRA/CARES Act mandates relating to COVID-19 testing for group health plans and health insurance issuers. This post highlights the key takeaways from those FAQs.
As highlighted in our earlier blog post, it was only
CARES Act Relief: Health and Welfare Plan Provisions
Seyfarth Synopsis: On March 27, 2020, the House of Representatives followed the Senate’s lead in voting overwhelmingly to pass the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The President signed the legislation into law shortly thereafter. This blog post highlights the health and welfare benefit provisions contained in the law. Click here to review
Feeling Left Out, Senate Proposes ANOTHER Bill–CARES Act–Mandating COVID-19 Testing
Seyfarth Synopsis: On March 19, Senator McConnell introduced the Coronavirus Aid, Relief, and Economic Security (CARES) Act. While the Act largely focuses on economic relief for businesses and individuals, it did contain certain provision impacting benefit plans (for more on the potential impact for retirement plans, click here). Notably, the CARES Act replicates and
Apparently All it Takes to Get Congress to Agree on Something is a Global Pandemic
Seyfarth Synopsis: On Wednesday afternoon, the Senate voted 90-8 to approve HR 6201 without changes. The law generally takes effect no later than 15 days after HR 6201 is signed (expected soon) and would sunset on December 31, 2020.
In somewhat of a surprise move, the Senate voted overwhelmingly to adopt HR 6201 (described here
House Passes Technical Corrections to COVID-19 Relief Bill – One Small Word Creates Many Big Questions
Seyfarth Synopsis: Late Monday night, the House passed a technical corrections package to HR 6201. While most of the changes related to the Bill’s paid sick leave, unemployment insurance and tax credits provisions (click here for a summary of those changes), there was one small change to the health insurance section: The package clarified that