"The guidance made clear that the General Counsel will, when given the opportunity, prosecute a case before the Board to have the NLRB invalidate provisions in severance agreements that attempt to restrict the rights of departing employees to engage in activity protected by the National Labor Relations Act (NLRA). The General Counsel also emphasized her view of the retroactive application of the decision, noting that employers attempting to enforce old severance agreements will face new unfair labor practice liability even if the statute of limitations has run since the execution of the now-unlawful agreement."  MORE >>

"Memorandum GC 23-05 provid[es] guidance on how [NLRB] regional offices should address the legality of severance agreement language.... [T]he General Counsel also shared (without explanation) her belief there are other provisions commonly found in severance/employment agreements which 'might interfere with Section 7 rights,' including: non-compete, no solicitation, and no poaching clauses; broad liability releases and covenants not to sue (which go beyond the employer or the effective date of the agreement); and certain cooperation requirements."  MORE >>

"The No Surprises Act also provides an employer or plan sponsor of an [ERISA] group health plan an opportunity to revisit their plan's administrative services agreements with their third-party administrator [TPA] and reduce or eliminate certain fees being charged by the [TPA] ... [S]ponsors have a fiduciary obligation under ERISA to understand these fees and how they can be reduced[.]"  MORE >>

"A group of 16 Democratic AGs filed an amicus brief supporting plaintiffs-appellees' petition for rehearing en banc ... [A]mici urge the court to find that insurers regulated under ERISA cannot deny coverage for mental health and substance use disorder services under plan guidelines that are more restrictive than state law and generally accepted standards of care." [Wit v. United Behav. Health, No. 20-17363 (9th Cir. petition for rehearing filed Mar. 10, 2023)]   MORE >>

"At least two class action lawsuits have been filed against the online health insurance marketplace, DC Health Link, over a recent hacking incident which, according to DC Health link, affected 56,415 customers. DC Health Link is a public-private healthcare exchange program for residents of Washington D.C.... DC Health Link has approximately 100,000 customers including 11,000 Congressional staff and Members of Congress."  MORE >>

"Among HDHP enrollees with coverage for preventive care for chronic conditions prior to meeting the plan deductible, a significant number reported that it impacted their decision to choose the HDHP.... Among traditional plan enrollees, there is notable interest in HDHPs that cover preventive care for chronic conditions before the deductible was reached."  MORE >>

"While the actions of the three major insulin manufacturers and certain payors are remarkable, avenues exist to eliminate cost sharing entirely for individuals who are insulin-dependent. Specifically, the United States Preventive Services Task Force (USPSTF or Task Force) should recommend insulin as a preventive service for the primary prevention of complications associated with living with diabetes among the limited population of insulin-dependent individuals living with diabetes."  MORE >>

"While ERIC understands the importance of competition between pharmacies and the desire to improve areas of health care coverage, HB 2021 would go far beyond similar state PBM policies, attempting to directly control the design and administration of self-funded ERISA plans, and would further increase the health care costs that Texans already face."  MORE >>

"Providing comprehensive benefits for every life stage shows that companies value their employees and are committed to supporting their well-being throughout their careers ... In addition to benefits that support employees who are single or divorced, companies can offer eldercare support, retirement planning, and financial wellness programs."  MORE >>