"The Department determined that the core provisions of the 2018 AHP Rule were, at a minimum, not consistent with the best reading of ERISA's statutory requirements governing the definition of 'employer' for purposes of establishing group health plans. The final rule removes section 2510.3-5 from Chapter 29 of the Code of Federal Regulations and makes conforming amendments to section 2510.3-3."   MORE >>

"DOL notes that it is unaware of any AHPs that exist today in reliance on the 2018 regulations, limiting the impact of their rescission. The agency's decision to rescind the full 2018 AHP rule is intended to resolve any lingering uncertainty over that rule and ensure that the agency's guidance to the regulated community aligns with federal law."   MORE >>

"[T]he Final Rule inserts a new definition of Reproductive Health Care, and amends the definition of Person to state a natural person is 'a human being who is born alive'.... The prohibition on the use or disclosure of PHI applies where that health care is lawful under federal law or the laws of the state in which it is provided."   MORE >>

"The final rule modifies the Standards for Privacy of Individually Identifiable Health Information under [HIPAA] and the [HITECH Act].... The changes mainly prohibit covered entities and their business associates from using or disclosing PHI to investigate, identify, and penalize a person who seeks, obtains, provides, or facilitates lawful reproductive health care. The changes also require covered entities to presume that the provision of reproductive health care was lawful unless it is actually established that such reproductive care was not lawful. "   MORE >>

"[B]eginning January 1, 2025, private employers will be required to provide employees with 20 hours of paid prenatal leave in a 52-week calendar period ... Hitting the stage sooner, however, is the new requirement that both public and private employers provide 30 minute paid breast milk expression breaks for nursing employees, which goes into effect June 19, 2024."   MORE >>

"A federal appeals court has ruled West Virginia and North Carolina's refusal to cover some health care for transgender people with government-sponsored insurance is discriminatory. West Virginia's attorney general says he plans to take the case to the U.S. Supreme Court." [ Anderson v. Crouch , No. 22-1721 (4th Cir. Apr. 29, 2024)]   MORE >>

"A U.S. judge on Monday rejected a challenge by Bristol Myers Squibb and Johnson & Johnson to a law requiring them to negotiate the prices of their blockbuster blood clot prevention drugs with the ... Medicare health insurance program or pay heavy penalties. U.S. District Judge Zahid Quraishi in Trenton, New Jersey, became the fourth federal judge to uphold the program ... against drug industry challenges, rejecting their argument that it was an illegal taking of their property." [ Bristol Myers Squibb Co. v. Becerra, and Janssen Pharmaceuticals, Inc. v. Becerra , Nos. 23-3335 and 23-3818 (D.N.J. Apr. 29, 2024)]   MORE >>

"According to the suit, Mayo and Medica did not provide accurate information to participants on how they calculate out-of-network reimbursement costs and deductibles.... This claim continues a trend of fiduciary litigation against employers and their plans ... Health plan sponsors may now have an increased risk of legal challenges by employees as negotiated prices for health care services become public through new transparency laws and regulations. " [S.M.O. v. Mayo Clinic, No. 24-1124 (D. Minn. complaint filed Apr. 2, 2024)]   MORE >>

"CMS is tasked with evaluating whether the evidence generated over a relatively long product lifecycle justifies the already-set price or if further discounting is warranted. This raises many questions.... [The authors propose a framework which] attempts to address each of these challenges while remaining true to the spirit of what [health technology assessments (HTA)] should accomplish -- credible, evidence-based decision making in the interest of population health and health-system sustainability."   MORE >>

"Employers who rely on noncompete agreements to protect their legitimate business interests will no doubt face questions from employees concerning the continued enforceability of those restrictions following the FTC's promulgated rule  ... [This article provides] Q&A talking points for employers to address employee questions.... [E]mployers should evaluate alternative protective measures and utilize a 'belt and suspenders' approach to the protection of their interests."   MORE >>

"Employers should start identifying the workers who may need to receive notice if the Rule goes into effect and consider the logistics of making notice.... [E]xisting non-competes with senior executives will remain enforceable after the Rule goes into effect.... Employers should ... evaluate less restrictive measures that they either now have available or may need to implement should the Rule go into effect.... [E]ven if the Rule is delayed or struck down by the United States Supreme Court, state legislatures or Congress may be prompted to adopt restrictions on non-competes."   MORE >>