[Guidance Overview]
"[This] article analyzes emerging COBRA administration issues caused by the ongoing COVID-19 related COBRA deadline extensions. Legal paths to the end of the COVID-19 national emergency (and a corresponding end to the extension of certain COBRA deadlines) are analyzed. New best practices have emerged in response to the ongoing COVID-19 pandemic, and additional action items are suggested for group health plan sponsors and COBRA administrators."
Barclay Damon LLP
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[Guidance Overview]
"The EEOC makes clear that providing a greater level of compensation to older employees because of their older age does not violate the ADEA -- regardless of whether the contributions reflect a percentage of the employee's premium for individual health insurance or whether the amounts increase with an employee's age based on other terms."
Cowden Associates, Inc.
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[Guidance Overview]
"Plans must report and pay their 2020 fee on Form 720 due by August 2, 2021 (since July 31 is a Saturday). The payment amount is calculated by multiplying the 'applicable dollar amount' by the 'average number of covered lives' for the plan year."
Cheiron
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[Guidance Overview]
"New York employers must provide additional NYS COVID-19 Paid Sick Leave beyond what was long assumed to be a capped 14-day sick leave benefit for large and public sector employers.... [T]his Guidance ... appears to create obligations for employers that go beyond the requirements of the underlying statutory language."
Hodgson Russ LLP
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[Guidance Overview]
"Under the new guidance, an employee who receives a positive diagnostic test for COVID-19 after previously completing a period of quarantine or isolation shall be deemed to be subject to a second mandatory order of quarantine or isolation and shall be entitled to leave under the COVID-19 leave law, even if the employee has already taken leave for the first period of quarantine or isolation."
Proskauer
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[Guidance Overview]
"The amended ordinance applies retroactively to December 31, 2020, and will remain in effect until the City's Declaration of COVID-19 Emergency expires.... Like the original ordinance, the amended ordinance provides full-time employees with 80 hours of Emergency Paid Sick leave. However, the amended ordinance states that employers are only required to provide Emergency Paid Sick leave on a one-time basis.... The amended ordinance does not change the reasons for which Emergency Paid Sick leave may be taken."
Jackson Lewis
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[Guidance Overview]
"If the employee has no symptoms, it is likely he or she will not be entitled to leave under the PFML or FMLA, because that person is not deemed to have a serious health condition. The [Earned Sick Time Law (EST)] allows leave, however, for 'preventative care,' which has been interpreted to cover quarantines. The Massachusetts attorney general has specifically instructed that the EST can be used when a public health official or a health care provider either requires or recommends that an employee or the employee's family member quarantine."
Littler
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"The ERISA payroll practice exception provides employers with a rare plan design opportunity to choose whether to offer an ERISA or non-ERISA program for benefits listed in the ERISA Section 3(1) definition of an 'employee welfare benefit plan.' This decision most often arises with respect to short-term disability benefits, which is a nice fit for the payroll practice exception given that (unlike long-term disability benefits) it is frequently self-insured."
ABD Insurance & Financial Services
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"[A]pproximately seven out of 10 consumers (69%) say they would share significant data on their health, exercise and driving habits in exchange for lower prices from their insurers, compared with 58% two years ago. In addition, two-thirds (66%) of consumers say they would also share significant data for personalized services to prevent injury and loss -- up from 54% in the 2019 report."
Accenture
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"On January 15, 2021, the Federal Communications Commission (FCC) announced the initial pilot projects selected for the Connected Care Pilot Program for telehealth services. The list includes 14 pilot projects spanning 11 states and more than 150 treatment sites ... [covering] a broad range of services aimed at establishing and improving telehealth services, also referred to as connected care services, especially for low-income and veteran patients. The awarded funds were awarded primarily to programs that intend to provide internet connectivity, broadband access, remote patient monitoring and video visit capabilities to low income and rural communities."
Sheppard Mullin
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Benefits in General
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[Guidance Overview]
"[The CAA] includes many benefits and tax provisions affecting employers, group health plan sponsors, health benefits brokers and health insurance issuers. Some provisions are currently effective, while others begin on future dates. This Compliance Overview summarizes the employee benefits provisions relating to tax-favored accounts, surprise medical billing, health plan transparency and mental health parity. It also includes various tax credits, exclusions and deductions that may be of interest to employers, along with a brief discussion of key retirement plan provisions."
Cowden Associates, Inc.
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"Total monetary recoveries increased for the fifth year in a row, due to another year of historically high recoveries from EBSA's civil enforcement actions.... In FY 2020, 59 criminal investigations were closed with guilty pleas or convictions -- down from FY 2019's total of 80 -- representing the second year in a row where there was a decrease in the rate of results when compared to the increased total number of investigations closed[.]"
Eversheds Sutherland
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"March 2021 will mark a year since the majority of U.S. employees had to switch to a remote work environment due to the COVID-19 pandemic.... [T]here is a disconnect between employers and employees when it comes to what the return to work may look like post-pandemic. Both agree that there will be some kind of hybrid model, where employees split their time between the home and office ... However, how often employees will work remotely is disputed between the two groups."
PwC
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