"Most commonly, employees participate in DCAPs by contributing a portion of their pay under a cafeteria plan. DCAPs can fall into several highly regulated plan categories: [1] they are dependent care assistance programs subject to certain Code requirements; [2] they are flexible spending arrangements subject to additional requirements contained in IRS regulations; [3] they can be (but rarely are) employee welfare benefit plans subject to [ERISA]; and [4] a DCAP offered under a cafeteria plan is subject to Code requirements affecting cafeteria plans."  MORE >>

"The Court found that Plaintiff's reading of the Plan language was proper, stating that the Plan's elimination period requires a loss of earnings, and noted that this reading does the most to 'give effect to all of' the Plan's 'provisions' and render them consistent with each other, especially when taking into account how the Plan is structured. The Court found that First Unum's reading nullified the loss of income requirement's relevance to the elimination period, which did not make sense given that the Plan also states that a covered physician 'must be continuously disabled' to satisfy the elimination period." [Glickman v. First Unum Life Ins. Co., No. 19-5908 (S.D.N.Y. June 7, 2023)]  MORE >>

"Acting Secretary of Labor Julie Su targeted the trustees for the Missouri Bankers Association Voluntary Employees Beneficiary Association Plan and its third-party administrator, alleging the trustees for the welfare benefits plan violated their fiduciary duties under [ERISA]." [Su v. Missouri Bankers Association Inc., No. 23-4121 (W.D. Mo. complaint filed Jun. 13, 2023)]  MORE >>

"The terminations arose in the context of CSXT receiving over 65 submissions of medical leave forms following its issuance of furlough notices to employees ... These forms were completed similarly and signed by one of two chiropractors who called for medical leave of eight weeks or more. If an employee is furloughed while on medical leave, they would receive health and welfare benefits for up to two years, rather than only four months.... The court concluded that CSXT provided a legitimate, nondiscriminatory reason for terminating the Plaintiffs and that the Plaintiffs failed to present evidence to create a genuine issue of material fact as to whether the reason was pretextual." [Adkins v. CSX Transportation, Inc., No. 21-2051 (4th Cir. June 16, 2023)]  MORE >>

"CMS launched a webpage for consumers detailing patient protections from unexpected out-of-network medical bills under the No Surprises Act. The website also addresses the dispute resolution process for uninsured and self-pay patients interested in disputing their bill based on a provider's good faith estimate."  MORE >>

"Bristol Myers Squibb Co on Friday sued the U.S. government in an attempt to halt the Medicare drug price negotiation program that analysts believe will involve one of its top-selling medicines, saying it violates the Fifth and First Amendments to the U.S. Constitution.... U.S. drugmaker Merck & Co MRK.N and the U.S. Chamber of Commerce [have also] sued the government ... over the price cutting plan." [Bristol Myers Squibb Co. v. HHS, No. 23-3335 (D.N.J. complaint filed Jun. 16, 2023)]  MORE >>

"A Texas federal court ruled against Affordable Care Act preventive care coverage mandates, the Seventh Circuit revived a retirement plan mismanagement case brought by Northwestern University workers and the Tenth Circuit refused to force arbitration of an employee stock ownership plan lawsuit."  MORE >>