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616 Matching News Items
1.
HHS Issues New ACA Section 1557 Nondiscrimination Regs
Seyfarth
May 17, 2024
Seyfarth
May 17, 2024
"Regulations implementing Section 1557 have been the subject of Presidential administration tug-of-war since their original 2016 issuance.... The Final Rule restores Section 1557 protections against discrimination based on sexual orientation, gender identity, and disability, as well as religious objections. It also expands the reach of the Rule to Part B Medicare providers, private health insurance plans and the use of AI patient decision-making tools."
2.
Equity Awards and Reductions in Force
Seyfarth Shaw, via EBN
May 15, 2024
Seyfarth Shaw, via EBN
May 15, 2024
"Equity awards usually include a fixed post-termination exercise period after a regular individual termination without cause, including death, but do not provide any special treatment if the termination is part of a reduction in force. Extending this post-termination exercise period in a RIF can improve relationships with departing employees and could be consideration for a release of claims."
3.
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"New Section 1557 regulations published on May 6, 2024, which go into effect August 6, 2024, restore some repealed 2016 provisions and add provisions to enhance nondiscrimination requirements to which covered healthcare providers must adhere."
4.
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."
5.
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[.]"
6.
Analysis of FTC Non-Compete Ban Legal Challenges: Does the Ban Pass Constitutional Muster? (And Other Issues)
Seyfarth
May 2, 2024
Seyfarth
May 2, 2024
"[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."
7.
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."
8.
HHS Strengthens HIPAA Rules to Protect Reproductive Health Privacy
Seyfarth
Apr. 29, 2024
Seyfarth
Apr. 29, 2024
"[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."
9.
Washington Saves; Washington State's New State-Mandated Retirement Program
Seyfarth
Apr. 28, 2024
Seyfarth
Apr. 28, 2024
"Under the program, 'covered employers' must give 'covered employees' the opportunity to contribute a portion of their pay to an individual retirement account ('IRA') on a pre-tax basis in order to save for retirement.... The program will be launched by July 1, 2027."
10.
Agencies Defer Final Action on Junk Insurance, While Suggesting Caution Against One Last 'Binge'
Seyfarth
Apr. 24, 2024
Seyfarth
Apr. 24, 2024
"The new final rules primarily address the [short-term limited-duration insurance (STLDI)] portion of the proposed rules, and generally adopt them as proposed. Aside from a new notice requirement, the agencies delayed finalizing the rules on fixed indemnity insurance, but warned that the delay should not be an endorsement of the abusive practices that have emerged in this space."
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