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31 Matching News Items
1.
Fourth Circuit Finds Gender-Dysphoria Care Exclusion Violates Equal Protection
NFP
May 21, 2024
NFP
May 21, 2024
"[T]he Fourth Circuit affirmed both district court rulings that the exclusions discriminate based on sex, with specific reference to the district court's observation that these exclusions 'cannot be applied 'without referencing sex'.' " [Kadel v. Folwell, No. 22-1721 (4th Cir. Apr. 29, 2024)]
2.
Ninth Circuit Reverses Dismissal of Class Action in MHPAEA Case
NFP
Apr. 23, 2024
NFP
Apr. 23, 2024
"Relying heavily on the findings and conclusions of the California state agency, the Ninth Circuit concluded that ... it is enough for such a plaintiff to allege the existence of a procedure used in assessing MH/SUD benefit claims that is more restrictive than those used in assessing medical/surgical claims under the same classification if the allegation is adequately pled in the complaint. A plaintiff doesn't have to allege that they had claims of both types." [Ryan S. v. UnitedHealth Group, Inc., No. 22-55761 (9th Cir. Apr. 11, 2024)]
3.
New Group Plan Notice Requirement in Final Rule on Fixed Indemnity Coverage and Short-Term Limited-Duration Insurance Includes
NFP
Apr. 9, 2024
NFP
Apr. 9, 2024
"[T]he final rules add a required consumer protection notice be provided to employees in relation to group fixed indemnity excepted benefits coverage, applicable to plan years beginning on or after January 1, 2025. The notice is designed to highlight the differences between fixed indemnity excepted benefits and comprehensive major medical coverage ... Insurers can satisfy this new notice requirement on behalf of the plan sponsor."
4.
District Court Denies Summary Judgment to Employer Who Sent COBRA Election Notice to Incorrect Address
NFP
Mar. 12, 2024
NFP
Mar. 12, 2024
"[T]he court ... [observed] that it could not conclude as a matter of law that mailing the notice to the wrong address after being informed of the correct address 'months before' counts as 'reasonably calculated to ensure actual receipt.' " [Schinnerer v. Wellstar Health, Inc., No. 22-0383 (N.D. Ga. Feb. 7, 2024)]
5.
J&J Lawsuit Impacts Employer-Sponsored Health Plan Fiduciary Obligations
NFP
Mar. 11, 2024
NFP
Mar. 11, 2024
"[T]he J&J plan funding is distinct from the typical funding of employer-sponsored group health plans because it is funded through a voluntary employee benefits association (VEBA).... [F]unds held in such a trust -- segregated from the employer's general assets -- are considered ERISA 'plan assets' and subject to ERISA fiduciary protections, including the duties of loyalty and prudence. As a result, certain aspects of the case, and perhaps any resulting decision, may be limited in applicability." [Lewandowski v. Johnson & Johnson, No. 24-0671 (D.N.J. complaint filed Feb. 5, 2024)]
6.
Lessons from a Successful ERISA Defense Against Participant Challenge to Target-Date Fund Investments
McGuireWoods
Mar. 7, 2024
McGuireWoods
Mar. 7, 2024
"[T]he defendants demonstrated that flexPATH recommended its own TDFs only after performing an exhaustive analysis of several alternative investments ... [T]he court rejected plaintiffs' contentions that Wood Group ... needed to document the justifications for engaging flexPATH in committee meeting minutes.... These rulings underscore the importance of not just having prudent processes, but also considering how those processes are documented." [Lauderdale v. NFP Corp., No. 21-0301 (N.D. Calif. Feb. 23, 2024)]
7.
What the Elon Musk Pay Decision Means for Executive Compensation (PDF)
NFP
Feb. 29, 2024
NFP
Feb. 29, 2024
"By its own words, the court has gone where no Delaware court dared go before, overriding a favorable shareholder vote to find that an executive compensation package was fundamentally unfair.... [H]ere are three general themes of note from the decision.... [1] The moving goalposts of executive compensation ... [2] Fairness and the minority shareholder ... [3] The substance of the process matters."
8.
NFP Prevails in Fiduciary Suit Brought by Schlichter
American Retirement Association [ARA]
Feb. 27, 2024
American Retirement Association [ARA]
Feb. 27, 2024
"Litigation that involved a multiple employer plan (MEP), merging plans, a 3(38) investment advisor, a plan sponsor -- and at one point an advisor (NFP) -- has been resolved in favor of the fiduciary defendants, while reminding us of the value and importance of a prudent process in target-date fund selection." [Lauderdale v. NFP Corp., No. 21-0301 (N.D. Calif. Feb. 23, 2024)]
9.
Tenth Circuit Reinstates Life Insurance Breach of Fiduciary Duty Claim
NFP
Feb. 27, 2024
NFP
Feb. 27, 2024
"[T]he US Court of Appeals for the Tenth Circuit ruled that an employer may be liable for the value of group life insurance benefits that would have been available under an insured policy absent the employer's failure to adequately inform the employee of the plan's conversion requirements." [Watson v. EMC Corp., No. 22-1356 (10th Cir. Feb. 9, 2024)]
10.
Departments Issue ACA FAQs on Coverage of Contraceptives
NFP
Jan. 30, 2024
NFP
Jan. 30, 2024
"The FAQs state that despite past attempts by the departments to clarify medical management techniques they have considered reasonable ... potentially unreasonable techniques and other problematic practices have nevertheless proliferated ... In response, the FAQs provide for an alternative 'therapeutic equivalence approach' to compliance for contraceptive drugs and drug-led devices."
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