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	Defined Contribution Retirement Plan Administrator First American Bank Elk Grove Village IL

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Navigating (and Avoiding) DOL Enforcement Actions Against ERISA Group Health Plans and Providers
October 21, 2020 WEBCAST
Morgan Lewis

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[Guidance Overview]

New Amendments to New York City's Earned Safe and Sick Time Act Require Prompt Employer Action

"[T]he Amendments impose [1] a new notice requirement that employers must comply with by October 30, 2020, and [2] a requirement, effective September 30, 2020, that New York City-based employers include information about accrued and used safe and sick time on employees' pay stubs." 

Epstein Becker Green

Transcript of Supreme Court Oral Argument in Pre-Emption Challenge to State Regulation of PBMs (PDF)

80 pages, audio also available. Justice Gorsuch, to the attorney for the State of Arkansas [referencing Gobeille v. Liberty Mutual Ins. Co.]: "[If] reporting relates to health plans, why wouldn't the payment for drugs? That would seem to be one of the central functions of a healthcare plan." ... Justice Kagan, to the U.S. attorney, appearing as amicus curiae: "[O]ne of the main drivers of ERISA's preemption provision was a concern about uniformity. And, here, we have 45 different states that have passed all kinds of laws with respect to these PBMs. And I'm wondering why that doesn't raise exactly the specter that the drafters of ERISA were concerned about, where the PBMs ... are trying to do 45 different things in 45 different states ... in a way that really does affect plan administration." [Rutledge v. Pharmaceutical Care Mgmt. Assoc., Nos. 17-1609 and 17-1629 (8th Cir. Jun. 8, 2018; oral arg. Oct. 6, 2020)] 

Supreme Court of the United States

State's Bid to Skirt Drug-Pricing Preemption Put to High Court Test

"A lawyer for Arkansas faced stiff questioning from the Supreme Court on Tuesday as to how the state can regulate drug prices where federal law already applies.... At a press briefing following arguments, Arkansas Attorney General Leslie Rutledge said the state shed 16% of its pharmacies because druggists could not make up the difference in cost from prescription drug reimbursements." [Rutledge v. Pharmaceutical Care Mgmt. Assoc., Nos. 17-1609 and 17-1629 (8th Cir. Jun. 8, 2018; oral arg. Oct. 6, 2020)] 

Courthouse News Service

Two-Thirds of Americans Now Favor Single Payer Health Coverage

"Among the public overall, 63% of U.S. adults say the government has the responsibility to provide health care coverage for all, up slightly from 59% last year. Roughly a third (37%) say this is not the responsibility of the federal government[.]" 

Pew Research Center

How Many Americans Have Lost Jobs with Employer Health Coverage During the Pandemic? (PDF)

14 pages. "[As] many as 7.7 million workers lost jobs with ESI as of June 2020 because of the pandemic-induced recession. The ESI of these workers covered 6.9 million of their dependents, for a total of 14.6 million affected individuals." 

Employee Benefit Research Institute [EBRI]

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Third Party Provider Threatening DOL Action Related to Underpayment; Anti-Assignment Permits Payments

"Can a third party service provider file a claim with the DOL for underpayment for services when the plan prohibits assignment except to the extent of payment (e.g., anti-assignment against all other rights but to receive payments)?" 

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Request for Proposal: TEPP Legal Services 2020
Transit Employees Pension Plan [TEPP]

T. Rowe Price College Savings Plan and Alaska 529 to Enhance Investment Options and Reduce Fees
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WEX Health

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