"The FTC intends to clarify and, arguably, expand the types of actors subject to the HBNR by defining 'health care provider' and 'health care services or supplies.' ... The FTC proposes to revise the definition of 'breach of security' to clarify that breaches include unauthorized disclosures of PHR identifiable health information and not just security intrusions in the traditional sense.  ... The FTC proposes to clarify that the definition of a 'PHR related entity' includes entities that offer products or services not only through the website of a PHR vendor, but also through any online services, including mobile applications, of a PHR vendor."  MORE >>

"ERISA litigation lawyer Jerry Schlichter has taken to social media to hunt for potential employee plaintiffs for a new brand of fiduciary litigation.... Failing to comply with the requirements of the CAA leaves employers at risk of fines and class-action lawsuits. But most employers are still in the dark, believing their broker or TPA will handle compliance on their behalf or that it's simply 'no big deal.' "  MORE >>

"As part of its ongoing study on pharmacy benefit managers (PBMs) and their impact on the accessibility and affordability of prescription drugs, the Federal Trade Commission has issued a compulsory order to a third group purchasing organization (GPO) that negotiates drug rebates on behalf of PBMs. The compulsory order will require the GPO entity to provide information and records on its business practices."  MORE >>

"Paid maternity and paternity leave each saw 5-percentage-point jumps from last year and are now offered by 40 percent and 32 percent of employers, respectively ... Simultaneously, paid parental leave is now offered by roughly 4 in 10 employers (39 percent), a 6-point jump from last year, according to this year's survey. Paid adoption leave also jumped by 6 percentage points, with about a third of employers (34 percent) now offering it, and paid foster child leave is now offered by 25 percent of employers, representing a 3-percentage-point increase."  MORE >>

"To counter inflationary trends, experts recommend plan sponsors help participants build savings rather than purchase more costly insurance as part of a 'health and wealth' strategy that optimizes both savings and financial preparedness.... [S]trategies include effectively designed acquisition cost-based pharmacy pricing, HSA-capable coverage, reference-based pricing, adequate participant protections against balance billing, and participant advocacy and litigation support."  MORE >>

"[Sixth] Circuit Judge John Nalbandian's concurring opinion raised concern about the manner in which ERISA denial-of-benefit cases are litigated and invited the U.S. Supreme Court to review ERISA civil procedure, which he maintained was in conflict with the Federal Rules of Civil Procedure." [Tranbarger v. Lincoln Life & Annuity Co., No. 22-3369 (6th Cir. May 18, 2023)]  MORE >>

"[The Council requests] that Treasury and the IRS publish official guidance affirming that the 100% excise tax under Internal Revenue Code Section 4976 does not apply to an employer's reallocation or repurposing of surplus welfare benefit fund assets to provide other health and welfare benefits to employees and their beneficiaries."  MORE >>