"[E]mployers need not offer reimbursements for all expenses that can be reimbursed tax-free under the rules. An employer's program could limit the courses that are eligible ... or the expenses that can be reimbursed. Reimbursement could also be conditioned on attaining a specified minimum grade or remaining employed with an employer for a certain amount of time after completing the education. A program could also include per-employee or aggregate reimbursement limits (or both). Some, but not all, of these options are reflected in the IRS's sample plan."  MORE >>

"The cases in the Eleventh and Fourth Circuits are some of the first cases addressing the interplay of federal non-discrimination rules and coverage of gender affirming care, with numerous cases pending in both district and appellate courts.... [T]hese cases represent an initial set of authority on the scope of federal nondiscrimination provisions that could impact the coverage of gender-affirming care for employers, the group health plans they sponsor, third-party administrators, and health insurance issuers." [Lange v. Houston County, Georgia., No. 22-13626 (11th Cir. May 13, 2024); Kadel v. Folwell, No. 22-1721 (4th Cir. Apr. 29, 2024)]  MORE >>

"[T]he Eleventh Circuit Court of Appeals reversed a district court's decision ordering Reliance Standard Life Insurance Company to pay $500,000 in accidental death & dismemberment (AD&D) benefits to an insured's beneficiaries, where the insured died while mountain climbing but his body was never recovered. The court found that Reliance Standard's decision to deny AD&D benefits was not arbitrary and capricious and directed the district court to enter judgment in Reliance's favor." [Goldfarb v. Reliance Standard Life Ins. Co., No. 23-10309 (11th Cir. July 2, 2024)]  MORE >>

"If your company sponsors an ERISA-governed health plan, you should strongly consider adopting the DOL's Cybersecurity Program Best Practices to help mitigate cybersecurity risks and withstand any DOL scrutiny in the event of an attack. Since the DOL initially developed this guidance with retirement plans in mind, you may need to make adjustments to fit the specific needs of your health plan."  MORE >>

"The announcement continues a trend of disruptors backing out of the retail primary care space after unsuccessful attempts to make a profit. Walgreens, CVS Health, and Rite Aid have both curbed their healthcare plans amid business struggles and a selloff of pharmacies, while Amazon recently announced plans to consolidate its virtual care and primary care services on one platform."  MORE >>

"As new benefits are being discovered, and the value of known benefits still being determined, where GLP-1s fit within our health care paradigm, and which federal entity will oversee their access and cost issues, remain open questions. The US Preventive Services Task Force [USPSTF] is reportedly developing a draft research plan that will consider whether to grade anti-obesity medications as preventive medications for chronic weight management."  MORE >>

"In the short term, this is likely to bring about some destabilizing changes in regulatory frameworks, as long-settled regulations are subjected to new and more searching judicial inquiry. Over the long term, however, Loper Bright may bring more stability to regulated industries.... [T]he impact of Corner Post turns largely on the ability for parties to ask for and receive universal vacatur of agency regulations -- as opposed to merely party-specific relief." [Loper Bright Enterprises, Inc. v. Raimondo, Sec. of Comm., No. 22-451 (S. Ct. Jun. 28, 2024); Corner Post v. Bd. of Gov. of the Federal Reserve System, No. 22-1008 (S. Ct. Jul. 1, 2024)]  MORE >>

"The FTC's Rule largely banning employment-based noncompetes has been blocked by a Texas District Court ...But the injunctive relief against enforcement only applies in that Texas case.... The District Court in Texas indicated that it will issue a further plenary decision on the merits by Aug. 30 ... All eyes now turn to the Eastern District of Pennsylvania to see whether [that] court, ... where a hearing is scheduled for Wednesday, July 10, will follow or contradict the Texas ruling." [Ryan LLC v. Federal Trade Commission (no. 24-0986 (N.D. Tex. Jul. 3, 2024)]  MORE >>