"[Some employers] have not updated employment handbooks or policies to clarify that any paid parental leave otherwise offered under company policy runs concurrently with FAMLI leave (in addition to running concurrently with FMLA leave), not in addition to those leaves. Failing to update those policies may leave the employer in a situation where an employee can take 24 or more weeks of leave, and there is little the employer can do to prevent it without running afoul of the law."  MORE >>

"The Ninth Circuit has vacated and remanded, finding the district court's decision was issued before [the appellate court's] 2023 holding that when assessing USERRA claims, comparability of the military leave taken by the service member and other paid leave offered by an employer is to be determined by examining the length of the leave at issue, rather than by using a categorical approach.... The Ninth, Seventh, Third, and Eleventh Circuits have all ruled that employers that pay employees for some types of short-term leave must provide equal benefits to employees who take short-term leave for military service." [Synoracki v. Alaska Airlines, Inc., No. 22-35504 (9th Cir. Aug. 22, 2024; unpub.)]  MORE >>

[T]the Sixth Circuit held that a named beneficiary who was convicted of murdering his parents was also disqualified from receiving benefits under the parents" life insurance and accidental death and dismemberment (AD&D) policies. The court concluded that even if [ERISA] preempted a state-law slayer statute, the well-established slayer rule under federal common law prevented the beneficiary from obtaining benefits under the policies." [Standard Ins. Co. v. Guy, No. 21-5562 (6th Cir. Aug. 19, 2024)]  MORE >>

"This article discusses recent developments affecting the PBM industry, PBM payment structures and 10 actions plan sponsors should consider to ensure that plans secure maximum value from PBMs."  MORE >>

"Insurers have wide latitude on when and how they can deny mental health care. [The authors] looked at the laws in all 50 states and found that some are charting new paths to secure mental health care access.... Who defines what mental health care is necessary? ... How can insurers challenge mental health treatment? ... What must insurers reveal about mental health care access?"  MORE >>

"When CVS Caremark removed AbbVie’s Humira from its national commercial formularies back in April, biosimilar prescriptions picked up at a whirlwind pace. Now, Cigna’s Express Scripts is following suit in a move that could further chip away at Humira’s market share. Express Scripts, which is Cigna’s pharmacy benefit unit, is removing branded Humira from its largest commercial formularies come 2025 in favor of biosimilar options from Teva, Sandoz and Boehringer Ingelheim."  MORE >>

"A 2023 study shows that only five insurance companies (if you count all the Blues as one) have controlled over 90% of the [health care] market for the last ten years. If you track the revenue of UnitedHealth, Cigna, Aetna/CVSHealth, Anthem/Elevance, and the Blues combined, you'll see that as their revenue goes up, so do the premiums charged to employers and employees."  MORE >>

"Since 2023, all major software companies integrated AI into their core software offerings.... Yet such integration creates vulnerabilities in their software.... Addressing the data security threats AI poses requires a multifaceted approach that combines technical solutions, clear governance and organizational readiness."  MORE >>

"Despite this emerging circuit split concerning the final rule, the nationwide injunction imposed by the federal court in Texas ... prevents the final rule from going into effect on September 4th.... [E]mployers that have been preparing the notices required by the final rule will no longer need to comply with this requirement for the immediate future." [Ryan LLC v. Federal Trade Commission, No. 24-0986 (N.D. Tex. Aug. 20, 2024)]  MORE >>