"This notice provides guidance regarding the alternative manner of furnishing certain health insurance coverage statements to individuals pursuant to sections 6055(c)(3) and 6056(c)(3) of the Internal Revenue Code, added by  ... the Paperwork Burden Reduction Act."  MORE >>

"Failure to perform the CMS disclosure obligation on a timely basis could lead to compliance issues ... [including] ineligibility or loss of Medicare retiree drug subsidy, claims of breach of ERISA fiduciary responsibility, or late enrollment penalties assessed to Medicare-eligible employees."  MORE >>

"Over the last several months, putative class actions have been filed against companies of all sizes alleging that their tobacco-free wellness programs are noncompliant with [ERISA] and that plan fiduciaries are violating their fiduciary duties when they impose and collect tobacco surcharges. Accordingly, it is important that companies review their plan wellness programs to ensure they are ERISA-compliant."  MORE >>

"While the March 2022 guidance has been rescinded and pulled down from government websites, it remains to be seen how HHS and OCR will handle any complaints related to uses and disclosures of PHI that relates to gender affirming care. Entities that may handle this type of data may consider reviewing their internal policies and procedures related to requests for sensitive information."  MORE >>

"The amendment to ESTA makes a number of important changes ... ... Employers must provide notices to employees including specific information about ESTA rights by March 23, 2025.... Employees no longer have the right to file lawsuits against their employers for alleged violations."  MORE >>

"The Second Circuit determined that the terms used to describe the duration of benefits in a health plan could be interpreted to suggest benefits vested immediately, even in the absence of vesting language. [This decision] is a reminder of the importance of careful drafting of language with an eye toward end-of-contract situations, particularly where the benefits are negotiated through collective bargaining." [Xerox Corp. v. Loc. 14A, Rochester Regional Joint Bd., Xerographic Div. Workers United, No. 23-0634 (2d Cir. Feb. 5, 2025)]  MORE >>

"The surprise billing IDR regulations remain in flux. Nevertheless, this air ambulance provider's claim ignores the NSA's threshold coverage requirement that must be met before initiating the IDR process." [Worldwide Aircraft Servs., Inc. v. HHS, No. 24-2156 (M.D. Fla. Feb. 4, 2025)]  MORE >>

"The lawsuit argues that the meaningful benefits requirement exceeds the federal agencies' authority because it imposes a benefits mandate. It also claims the federal agencies violated the Administrative Procedure Act's notice and comment requirements." [The ERISA Industry Committee [ERIC] v. HHS, No. 25-0136 (D.D.C. complaint filed Jan. 17, 2025)]  MORE >>

"The HHS Rescission Notice does not expressly rely on the Trump administration's Deregulation Order, which was announced only a day before the rescission notice. ... [N]umerous employee benefit regulations and related guidance (whether recently issued or otherwise) could be vulnerable to identification, modification, or rescission under the grounds stated by the Deregulation Order."  MORE >>