"While most PHI related to reproductive health care will remain in the hands of third-party administrators and insurance carriers, the new rules will require action on the part of employers with self-funded group health plans (or insured plans with access to PHI) by Dec. 22, 2024.... [E]mployers will need to: [1] Provide training; [2] Revise policies and procedures; [3] Update the Notice of Privacy Practices (by February 16, 2026); [4] Develop an attestation form."   MORE >>

"The FAQs specifically point to OCR's ransomware guidance, which has information on actions for regulated entities to take to determine if a ransomware incident is a breach (which is a fact-specific determination). OCR highlights that if covered entities are aware of a potential breach by a business associate, there is an obligation to proactively investigate whether a breach occurred, and report the breach to HHS, impacted individuals, and in certain cases, the media."   MORE >>

"Yes, provided that your plan document has been drafted as expansively as IRS rules allow regarding midyear election changes due to changes in cost or coverage. The rules apply broadly to dependent care assistance programs (DCAPs), permitting midyear election changes in a variety of circumstances involving changes in care providers or in the cost of care."   MORE >>

"Starting on May 1, 2024, certified IDR entities will notify parties through an email from the Federal IDR portal that a dispute is eligible for resubmission due to improper batching or bundling ... If the recipient initiated the dispute, the resubmission email notification will contain a unique link to a new form called the Notice of IDR Initiation ... Initiating parties have four business days from the date of the resubmission email notification to resubmit a dispute."   MORE >>

"The 4th Circuit Court of Appeals in Richmond, Va., issued its decision about two cases. One was brought by North Carolina state employees and their dependents who are transgender and were unable to get coverage for gender-affirming care. The other lawsuit came from West Virginians who are transgender and on Medicaid. They could get coverage for some treatments -- like hormones -- but not for surgery." [ Anderson v. Crouch , No. 22-1721 (4th Cir. Apr. 29, 2024)] MORE >>

"In a tense Senate hearing  ... lawmakers sharply criticized UnitedHealth Group's handling of the cyberattack that paralyzed the U.S. health care system ... [S]enators questioned whether the cyberattack of Change Healthcare, which manages a third of all U.S. patient records and some 15 billion transactions a year, was so vast because UnitedHealth is too deeply embedded in nearly every aspect of the nation's medical care."   MORE >>

"The cyberattack on Change Healthcare that devastated the U.S. health care sector made painfully clear that much more needs to be done to address vulnerabilities that exist throughout the ecosystem. This article offers five actions that can go a long way to improving cybersecurity throughout the sector and make it much more resilient."   MORE >>

"Recent revelations about a data analytics firm's role in determining medical payments have heightened concerns about possible price fixing in health care and led to a call for a federal investigation.... Senator Amy Klobuchar asked federal regulators to examine whether algorithms used by the firm, MultiPlan, have helped major health insurers conspire to cut payments to doctors and leave patients with large bills."   MORE >>

"[E]xposing PBMs' opaque business practices and imposing regulatory constraints will remain a top priority for regulators.... Even before a statutory or regulatory elimination of spread pricing, health plans should begin to consider now how this change could impact current and future PBM contracts ... [It] may be worthwhile to consider now the various channels for PBM profit available under your PBM contract, and whether you can begin to limit/narrow (or consider limiting/narrowing) those avenues for PBM remuneration that exceed the scope of 'bona fide service fees.' "   MORE >>

38 pages. "89% of survey respondents said their EPC has a provider network that includes options that are convenient for them.... One in five respondents reported using a cost comparison tool. Among those who did, almost 60% say it changed their behavior and some chose less expensive treatment options.... Most people were aware that their employer-provided plan covers preventative services at no out-of-pocket cost, but awareness varied by age, health status, and urbanicity."   MORE >>

"[T]raining HR and benefits staff to understand the innerworkings of a retirement plan is a vital and ongoing task for employers, especially for those who manage smaller teams made up of mainly generalists who do not have prior retirement-plan experience."   MORE >>

"[T]he legal challenges assert that the Noncompete Rule upends centuries of established contract law as noncompetes have been enforceable contracts since before the Nation's founding. Indeed, enforcement of non-competes has been a feature of English common law since the early 18th century ... This raises the question of whether the purported benefit of the Noncompete Rule to workers and the economy as a whole touted by the Agency outweighs the costs to employers who have long relied on the expectation of enforceable noncompetes to protect their specialized training, investment, and confidential information ... Ultimately, [the authors] believe ... that the FTC's Noncompete Rule is unlikely to be upheld in its current form."   MORE >>