"If a disability program has any of the following features, the payroll practice safe harbor is not available, and the program is most likely subject to ERISA: [1] Trust or separate account.... [2] Insurance ... [3] Paying more than normal compensation.... [4] Paying benefits to former employees."  MORE >>

"Effective March 20, 2024, ... [e]mployees who allege a violation of their rights under the ESSTA can take their employer to court under a civil action for compensatory damages, injunctive and declaratory relief, attorneys' fees and costs, and other relief the court finds appropriate.... [E]mployers should update their leave policies and train appropriate personnel on the requirements of the law.... [This checklist will help] identify areas that need attention for compliance."  MORE >>

"The court commented that while ERISA includes the term 'contract' in its list of documents that must be furnished, this does not include all contracts between a plan and its service providers. It explained that ASAs are not subject to disclosure because they: [1] govern only the relationship between the employer and claims administrator; and [2] do not govern the relationship between plan participants and the employer." [Zavislak v. Netflix, Inc., No. 21-1811 (N.D. Cal. Jan. 31, 2024)]  MORE >>

"[T]he court held that [1] HB 4005's price increase reporting requirements violate the First Amendment and [2] HB 4005 effects an unconstitutional taking of drug manufacturers' private property by authorizing the state to manufacturers' trade secrets if the 'public interest' requires such publication. The ruling ... could spur challenges to similar drug price transparency laws in other states." [Pharmaceutical Research and Manufacturers of America v. Stolfi, No. 19-1996 (D. Ore. Feb. 16, 2024)]  MORE >>

"[The district court] judge found that Cigna appropriately denied coverage for the claims under the terms of the policies because Sure Haven engaged in so-called 'fee-forgiving.' ... Nonetheless, on appeal before a panel of the Ninth Circuit, Bristol argued that the company should have paid the claims because Cigna verified coverage, confirmed payment rates, and obtained preauthorization of treatments before Sure Haven provided treatment to patients." [Bristol SL Holdings, Inc. v. Cigna Health and Life Ins. Co., No. 19-0709 (C.D. Cal ; on appeal to 9th Cir. No. 23-55019)]  MORE >>

"Early in the morning of Feb. 21, Change Healthcare ... issued a brief statement saying some of its applications were 'currently unavailable.' By the afternoon, the company described the situation as a 'cyber security' problem.... Change Healthcare's business is maintaining health care's pipelines -- payments, requests for insurers to authorize care, and much more.... The American Hospital Association says many of its members aren't getting paid and that doctors can't check whether patients have coverage for care."  MORE >>

"Thanks to ICHRAs, employee benefits' role in retention has recently taken a giant leap forward by helping employers be more strategic about funding the cost of employee benefits while giving employees more plan choices and flexibility than they've had in a long time.... Who's a good candidate, and what are the advantages?"  MORE >>

"This brief presents findings from the 2023 KFF Employer Health Benefits Survey on coverage of abortion services in large employer-sponsored health plans, changes employers made to abortion coverage since the 2022 Supreme Court ruling, and employers' provision of financial assistance for travel out of state to obtain an abortion.... The survey ... asked employers with 200 or more employees about their coverage policies for abortion."  MORE >>

"[I]ndividuals and businesses in parts of Washington state affected by wildfires that began on Aug. 18, 2023 ... now have until June 17, 2024, to file various federal individual and business tax returns and make tax payments.... [I]ndividuals and households that reside or have a business in Spokane County qualify for tax relief[.]"  MORE >>