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489 Matching News Items
1.
HHS Issues New ACA Section 1557 Nondiscrimination Regs
Seyfarth Shaw LLP
May 15, 2024
Seyfarth Shaw LLP
May 15, 2024
"New Section 1557 regulations published on May 6, 2024, which go into effect August 6, 2024, restore some repealed 2016 provisions and add provisions to enhance nondiscrimination requirements to which covered healthcare providers must adhere."
2.
DOL Issues Final Amendment Broadly Expanding Definition of Investment Advice Fiduciary
Seyfarth Shaw LLP
May 7, 2024
Seyfarth Shaw LLP
May 7, 2024
"[T]here will be numerous parties who are now ERISA investment advice fiduciaries even though they have not historically viewed their roles as fiduciary in nature.... [T]he DOL largely addressed concerns by plan sponsors that their HR and benefits staff easily could become unintended fiduciaries.... [By] providing broad exemptive relief for principal transactions and for all kinds of fees and transactions, the DOL addressed a significant criticism of the vacated fiduciary rule that it favored some types of investments over others."
3.
FTC Expands Scope of Health Breach Notification Rule, Even as HHS Announces Its Own HIPAA Update
Seyfarth Shaw LLP
May 6, 2024
Seyfarth Shaw LLP
May 6, 2024
"[The FTC] finalized changes to modernize the Health Breach Notification Rule by clarifying its applicability to health and wellness apps and other similar technologies ... [Many] digital health and wellness companies ... are not subject to the strict privacy and security regulations under [HIPAA] ... since they do not submit electronic claims for insurance billing purposes[.]"
4.
New York City Paid Sick Time Turns 10 Years Old
Seyfarth Shaw LLP
May 1, 2024
Seyfarth Shaw LLP
May 1, 2024
"Unique substantive requirements, regular amendments to the Ordinance, Rules and administrative guidance, and proactive enforcement have been hallmarks of the mandate since it went into effect in April 2014."
5.
CDC Shortens COVID-19 Isolation Guidelines, Potentially Impacting New York COVID-19 Paid Leave
Seyfarth Shaw LLP
Mar. 7, 2024
Seyfarth Shaw LLP
Mar. 7, 2024
"[On] January 4, 2022, the NYSDOH adopted the CDC's COVID-19 isolation and quarantine recommendations in its own guidance for the general population. Based on the CDC guidance at that time, the NYSDOH recommended five [5] days of isolation for most employees diagnosed with COVID-19 ... The NYSDOH guidance directly impacts leave under the New York State COVID-19 Emergency Leave law, which was signed into law in March 2020 and remains active and in effect."
6.
Weaving the Patchwork: How Mandatory Paid Family Leave Laws Stitch Together
Seyfarth Shaw LLP
Mar. 7, 2024
Seyfarth Shaw LLP
Mar. 7, 2024
"[A] graphic illustrates this complexity by highlighting four key PFML substantive areas -- [1] qualifying absences, [2] covered family members, [3] length of benefits and duration of leave, and [4] amount of pay.... Mandatory PFML programs are comprised of more than 30 substantive, technical requirements, many of which have additional layers, such as definitions, formulas, and administrative standards. When examined, it is clear that many of these measures are mismatched and misaligned."
7.
Employers Consider Post-Dobbs Playbook in Dealing with Alabama Ruling on IVF Treatments
Seyfarth Shaw LLP
Feb. 28, 2024
Seyfarth Shaw LLP
Feb. 28, 2024
"[T]he IRS has not directly addressed the issue of whether cryogenic preservation of an embryo constitutes a qualifying medical expense.... While there is some support for the premise that short-term freezing may be a qualifying expense, there has historically been a debate as to whether long-term storage would qualify. This ruling may shift that debate.... This raises the question of whether an embryo could be a covered dependent under an employer's health plan ... Presumably, covering travel benefits for purposes of initiating IVF treatments outside of Alabama would be a covered benefit for the same reasons as accessing abortion. "
8.
Drugmaker Sued for Overpaying for Drugs: Lawsuit Ushers in Expected Wave of Welfare Fiduciary Litigation
Seyfarth Shaw LLP
Feb. 22, 2024
Seyfarth Shaw LLP
Feb. 22, 2024
"[T]he first complaint was filed in what is expected to be a wave of litigation alleging breach of fiduciary duty in selecting and monitoring welfare plan vendors. While the facts of this particular case may make it somewhat distinguishable from the circumstances involved in most employer-sponsored plans, it does provide early insight into how future litigation may proceed." [Lewandowski v. Johnson & Johnson, No. 24-0671 (D.N.J. complaint filed Feb. 5, 2024)]
9.
Updates and Potential Changes to New York Paid Family Leave in 2024
Seyfarth Shaw LLP
Jan. 25, 2024
Seyfarth Shaw LLP
Jan. 25, 2024
"[T]he updates include changes to the maximum weekly benefit amount available to employees and the overall annual contribution employees make toward NY PFL benefits. The State is also considering a major update to the NY PFL program, as well as the State's corresponding statutory Disability Benefits program, in the context of potential coverage for absences related to prenatal leave."
10.
Potential New York City Paid Sick Leave Private Right of Action Looms
Seyfarth Shaw LLP
Jan. 14, 2024
Seyfarth Shaw LLP
Jan. 14, 2024
"[T]he New York City Council [has] passed legislation that would create a private right of action to enforce the Earned Safe and Sick Time Act (ESSTA). If the legislation becomes law, it would allow employees who allege a violation of ESSTA to bring forward a civil action in court, in addition to filing a complaint ... If the legislation is not vetoed by [January 19, 2024], it becomes law and would go into effect 60 days later, i.e., by no later than March 19, 2024."
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