"[A]ttestations must be written in plain English, and they must be signed and dated by the person requesting the PHI. Attestations must also include [specific] elements ... [As] noted in the model attestation instructions, attestations may not be combined with other documents (except for documents provided to support the attestation) and may not include statements or content that is not otherwise required under the Reproductive Health Care Rule."  MORE >>

"Due December 23, 2024: [1] Update HIPAA policies and procedures.... [2] Update business associate agreements ... [3] Create attestation form.... [4] Update HIPAA training presentations.... Due February 16, 2026: Update Notice of Privacy Practices."  MORE >>

"The FTC revised several definitions in the HBN Rule to clarify that it applies [to] health apps and similar technologies not covered by HIPAA by modifying the definition of 'PHR identifiable health information' and adding two new definitions for 'covered health care provider' and 'health care services or supplies.' "  MORE >>

"the employee argued that if the employer doubted the validity of his medical certification, the FMLA required the employer to obtain a second opinion. The Ninth Circuit rejected this argument.... The decision highlights that, in some cases, nonmedical evidence may be relevant to determining whether the employee had a “serious health condition” under the FMLA." [Perez v. Barrick Goldstrike Mines, Inc., No. 23-15043 (9th Cir. Jun. 28, 2024)]  MORE >>

"Consider whether it makes sense to establish a health and welfare fiduciary committee  ... Review and negotiate services agreements with health plan third-party administrators and PBMs.... Engage independent consultants ... to understand and monitor the plan's fee and rebate arrangement along with how the plan's prescription drug formulary is structured.... Periodically conduct requests for proposal for medical plan third-party administrators and PBMs[.]"  MORE >>

"The ERISA fiduciary standards that are at the heart of 401(k) plan litigation apply equally to all welfare benefit plans, but until recently, employer sponsors of welfare benefit plans seemed unfazed by the trends for 401(k) and 403(b) plans.... The establishment of a fiduciary committee through formal action and proper documentation is crucial for mitigating fiduciary responsibilities for a company's board of directors and senior management."  MORE >>

"The SAR is an employee-facing summary of the information contained in the plan's Form 5500. Although there is generally nothing of interest to employees contained in the SAR, employers must provide the document to participants annually within two months of filing the Form 5500."  MORE >>

"[A] 65-year-old retiring this year can expect to spend an average of $165,000 in health care and medical expenses throughout retirement. [This] 2024 estimate is up nearly 5% over 2023 and has more than doubled from its inaugural estimate in 2002."  MORE >>

"Employers should take the following steps well in advance of the scheduled September 4, 2024, effective date ... in the event that the noncompete ban withstands legal challenge: [1] Identify a designated individual or individuals to speak on behalf of the company ... and develop consistent messaging to workers; ... [2] [R]eview agreements with current and former workers to determine which agreements would fall within the noncompete rule; ... [3] [C]raft the notice that must be sent to affected workers on or before the effective date; and ... [4] [R]eview agreement forms to assess potential changes to those forms for use after the effective date."  MORE >>

"[S]ince the Texas court decision will likely be released the Friday before Labor Day weekend, just two business days before the effective date of the rule, it would be prudent for employers to do the following: [1] audit existing agreements so that they understand what agreements exist (with both current workers and former workers whose noncompete provisions are still in effect), and [2] consider drafting a notice to those workers, so it is ready to send if the rule takes effect on September 4th."  MORE >>