"Employers should continue to work with their carriers and/or TPAs to ensure compliance with MHPAEA (which may include adding an MHPAEA obligation to carrier or TPA contracts); Employers with NQTLs should be sure to request and/or retain their plans' written comparative analysis per current guidance[.]"  MORE >>

"In its second year of CAA implementation, according to the [2023 Report to Congress], EBSA has not seen a marked improvement in the sufficiency of the initial comparative analyses received.... The 2023 Report states that, during the most recent reporting period, none of the comparative analyses initially submitted were sufficient to demonstrate compliance. "  MORE >>

"[E]mployers must grapple with the FMLA's requirements within the confines of the new, often remote, modern workforce.... Employers must display a physical poster at a worksite, on an internal website where remote and/or hybrid employees have access, and online where job applicants may apply for a position. However, the poster must also be displayed in any area where an applicant will be onsite for a job interview."  MORE >>

"The court found that the Act's challenged four provisions can be described as network restrictions and an integrity and quality restriction.... The court agreed with PCMA that the network restrictions require providers to structure benefit plans in a particular way.... The court also found that the Act's bar on PBMs' ability to deny, limit, or terminate a pharmacy's contract because one of its pharmacists is on probation with the Oklahoma State Board of Pharmacy is also preempted by ERISA." [PCMA v. Mulready, No. 19-0977 (10th Cir. Aug. 15, 2023)]  MORE >>

"[H]ealth care providers in Texas scored yet another victory when a federal court vacated additional portions of the Biden Administration's rules governing fee collection and claim batching under the federal No Surprises Act (the Act).... [In] their fourth challenge, the [Texas Medical Association (TMA)], now joined by two trade associations for Texas radiologists, challenged the administrative fee and claim batching provisions of the Departments' regulations." [Texas Medical Association (TMA) v. HHS, No. 23-0059 (E.D. Tex. Aug. 3, 2023)]  MORE >>

"[T]he court noted that death from post-surgical pain medication fell under the umbrella of 'standard complications of standard medical treatment' for a disease ... Second, the Court found the uncontroverted record showed that Decedent received an appropriate dose ... and Plaintiff provided no competent expert testimony showing that the doctor inappropriately prescribed an excessive amount or that the nurses failed to follow the prescription." [Wicks v. Metropolitan Life Ins. Co., No. 21-1275 (N.D. Tex. Aug. 14, 2023)]  MORE >>

" 'The 10th Circuit's well-considered opinion is a significant win for employer plan sponsors as well as the millions of employees who rely on their health care benefit programs,' said James Gelfand, President of ERIC. 'Importantly, the Oklahoma law at the heart of PCMA v. Mulready is one of several state PBM laws of its kind; this decision at the Circuit Court level marks a key victory in preserving ERISA preemption from further erosion and safeguards the ability of self-insured employer plans to continue to provide access to high quality care in a nationwide market.' "  MORE >>

"[V]ictims of wildfires in parts of Hawaii that began on Aug. 8, 2023, now have until Feb. 15, 2024, to file various individual and business tax returns and make tax payments.... [I]ndividuals and households affected by wildfires that reside or have a business in the counties of Maui and Hawaii qualify for federal tax relief."  MORE >>