"The webpage's resources will help covered entities and business associates faced with the task of navigating the 2024 Privacy Rule. In particular, covered entities and business associates will want to review the model attestation and update HIPAA training, policies, and assessments before the December 23, 2024, compliance date.... [T]he notice of privacy practices needs to be revised prior to the February 16, 2026, compliance date."  MORE >>

"Notably, the Supreme Court's ruling may impact self-funded employers. It could also change how payers small and large allocate resources and carry out their operations. Smaller plans may struggle to keep up with the changing legal landscape, while larger plans have more resources to adapt but also have more moving parts when working across state lines[.]"  MORE >>

"In the past, HHS expanded the breadth and depth of its interpretations of statutory requirements and restrictions based on the premise that statutory silence supplied an opportunity for increased rulemaking and issuance of 'guidance.' ... [T]he Department may now be less aggressive in asserting regulatory authority when interpreting broad statutory language as it is faced with a higher risk of successful litigation by the provider community." [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 >>

"Courts no longer to rely on agency interpretation in ambiguous laws  ... Must state abortion bans include an exception for serious health complications? ...  Expanded Mifepristone access remains in place ... What to watch in the Court’s next term."  MORE >>

"Since the appellate court's decision applies only to the plaintiffs in the Braidwood case, sponsors of non-grandfathered group health plans should continue to cover all recommended preventive services with no cost sharing on an in-network basis. However, the court has opened the door to additional challenges to the authority of the three entities responsible for announcing preventive services recommendations." [Braidwood Mgmt, Inc. v. Becerra, No. 23-10326 (5th Cir. Jun. 21, 2024)]  MORE >>

"Employers must acquire an empathetic understanding of what matters most to their employees when it comes to their health, success, and financial security.... Employers can and should leverage ... quantitative research to identify areas where employees' perceived value of a benefit does not align with its actual value.... [M]ake sure employees have access to the benefits they most value and need given their life stage and career journey."  MORE >>

"The requirements for special enrollment are that the employee was previously offered and declined coverage at a time when other health coverage was in place.... [It] should not matter whether the employee had coverage and then dropped it or never enrolled for coverage because, in either case, the reason was the existence of other coverage. The special enrollment right for loss of other coverage should apply to permit the employee and spouse to re-enter your plan midyear."  MORE >>

"The one-size-fits-all approach to employee benefits has become outdated and ineffective. Employees are demanding more personalized workplace experiences with tailored benefits that address their unique healthcare, career and financial needs."  MORE >>

"CMS proposes to increase the Medicare rate for outpatient services and ASCs by 2.6% ... [T]he median year-to-date operating margin rose to 5% in May, the fifth consecutive month in which the metric has been above 4.5%.... Expenses also remain a concern, with year-over-year increases of 8.3% for drugs and 8.1% for supplies."  MORE >>

"July 29 -- Summary of Material Modifications (SMM) ... July 31 -- Form 5500/Form 8955-SSA ... July 31 -- PCORI fee and Form 720 due."  MORE >>

"ERISA added numerous protections for workplace benefit plans and a regulatory structure for robust oversight that should be celebrated on ERISA’s 50th anniversary."  MORE >>

"When the Supreme Court suggests in Loper Bright Enterprises v. Raimondo that it is simply resetting the rules of the road ... by replacing Chevron deference with a different decision making hermeneutic, ERISA litigators know that they are doing a lot more than that, and instead are altering outcomes in future regulatory disputes in predictable ways, simply by changing the rules for judicial decision making."  MORE >>