"Historically, most HDHP plans have been unable to use the simplified determination; therefore, ... most HDHP plans [will] be tested using the new standards for actuarial determination. In addition, any plans applying for the retiree drug subsidy are not allowed to take advantage of the simplified determination. [The authors] have prepared a flowchart to help you determine at a glance whether your plan can use the simplified determination."  MORE >>

"[HHS] has now released a model attestation for covered entities (including health plans) and business associates to use when they receive requests for protected health information (PHI) potentially related to reproductive health care.... The regulations do not provide any clarity on what information might be 'potentially related' to abortion, which will likely result in health plans and their business associates asking for more attestations than they actually need."  MORE >>

"Act 42 expands the use of and ensures reimbursement for telemedicine services provided by a health care provider in Pennsylvania.... The TeleMed Act also specifies that payment by an insurer cannot be conditioned upon the use of an exclusive or propriety telemedicine technology or vendor.... The lone exception to the broad ban on a noncompete covenant in the FCHCPA is if the length is no more than one-year, provided that the health care practitioner was not dismissed by the employer."  MORE >>

"IRS FMLA regulations permit three payment options for employees who wish to pay their share of the premiums for group health coverage during an unpaid FMLA leave: [1] prepay ... [2] pay-as-you-go ... [3] and catch-up ... Your cafeteria plan generally may provide one or more of these payment options, so long as the options for employees on FMLA leave are offered on terms at least as favorable as those offered to employees not on FMLA leave. "  MORE >>

"If the appointment of the USPSTF ... is ultimately determined to be unconstitutional, then their recommendations will be vacated, but that decision is not yet final since it could be appealed. There was no immediate need, in the Court's view, to stop enforcement of these rules while the remaining legal issues are litigated through the courts."
[Braidwood Mgmt, Inc. v. Becerra, No. 23-10326 (5th Cir. Jun. 21, 2024)]  MORE >>

"Fiduciaries are responsible for managing the plan's assets and safeguarding the interests of the participants and beneficiaries. While the path to compliance with ERISA's fiduciary obligations may seem daunting, it is based on loyalty, prudence, and adherence to the plan's terms. By understanding and respecting these principles, fiduciaries can navigate their responsibilities."  MORE >>

"Congress has ... responded [to the Loper Bright decision] by exercising its oversight powers as members and committees begin to assert themselves.... The House Appropriations Committee has reported FY 2025 appropriation bills with restrictive legislative language concerning current and proposed regulations."  MORE >>

"[There now] exists a judicial divide over the constitutionality of the FTC's final rule ... Appeals to the Fifth and Third Circuit Courts of Appeals, respectively, are likely to follow in short order, with the rule's ultimate fate likely destined to be decided by the U.S. Supreme Court. In the meantime, employers should continue to build out compliance strategy plans in the event the non-compete ban does end up taking effect[.]"
[ATS Tree Services, LLC v. FTC, No. 24-1743 (E.D. Penn. Jul. 23, 2024); Ryan LLC v. FTC, No. 24-0986 (N.D. Tex. Jul. 3, 2024; motion for reconsideration denied Jul. 11, 2024)]  MORE >>

"In the aftermath of the court's decision in ATS, the noncompete ban remains scheduled to take effect on September 4, 2024, as to all covered employers other than the named plaintiff and plaintiff-intervenors in the Ryan lawsuit.... The Ryan court has indicated it will rule on the parties' motions for summary judgment by no later than August 30, 2024. Unfortunately, that date (the Friday before Labor Day) provides little comfort for all other covered employers, given that the noncompete ban is set to take effect the following Wednesday, September 4, 2024."
[ATS Tree Services, LLC v. FTC, No. 24-1743 (E.D. Penn. Jul. 23, 2024); Ryan LLC v. FTC, No. 24-0986 (N.D. Tex. Jul. 3, 2024; motion for reconsideration denied Jul. 11, 2024)]  MORE >>