"Employers should consider whether they, or third-party wellness vendors, are collecting and storing biometric data in a way that triggers state law obligations. Even if an employer doesn’t touch the data directly, liability may attach if the program is employer-sponsored."  MORE >>

"Task Force members are inferior officers whose appointment by the Secretary of HHS is consistent with the Appointments Clause.... [T]he Secretary has power to appoint Task Force members, and no statute restricts their removal. Therefore, the Secretary may remove Task Force members at will, enabling him to supervise and direct them.... Beyond at-will removal, the Secretary has statutory authority to directly review and block Task Force recommendations before they take effect." [Kennedy v. Braidwood Management, Inc., No. 24-316 (S. Ct. Jun. 27, 2025)]  MORE >>

"The Sixth Circuit disagreed and held that a dispute arising from contractual terms may still give rise to claims for breach of fiduciary duties under ERISA, and BCBSM is not shielded from liability merely because its overall business practices affect many plans." [Tiara Yachts, Inc. v. Blue Cross Blue Shield of Mich., No. 24-1223 (6th Cir. May 21, 2025)]  MORE >>

"This ruling is particularly significant as it sheds light on the all-too-opaque process of drug pricing.... When PBMs are accused of having violated the False Claims Act by overbilling Medicare -- when Caremark is supposed to be reporting the actual prices remitted in reimbursement to pharmacies for Medicare Part D drugs -- it follows that the reimbursement paid to pharmacies is significantly less than what it otherwise should be." [U.S. ex rel Behnke v. CVS Caremark Corp., No. 14-0824 (E.D. Penn. Jun. 25, 2025)]  MORE >>

"This case isn't about whether the employee lied. It's about whether the employer followed the rules. And under the FMLA, suspicion isn't a substitute for process. So if something about the certification seems wrong, slow down, document everything, and follow the steps. That's how you protect your company and stay out of court." [Mook v. City of Martinsville, VA, No. 23-0028 (W.D. Va. Jun. 14, 2024)]  MORE >>

"We can reasonably expect to see increasing turbulence between the states and multi-state plan sponsors (and the vendors who work for them).... [S]teps employers can take to prepare for the storm: [1] Keep senior management aware of ... ongoing developments and the potential impact on health benefits.... [2] Keep up to date on legislative and regulatory developments in the states where you operate.... [3] Assess the impact of enacted legislation on plan design."  MORE >>

"PHI generally can be disclosed directly by one business associate to another business associate of the same covered entity without having to use the covered entity as a conduit or intermediary, so long as certain conditions are met."  MORE >>

"There are myriad federal, state, and local laws that govern what employee medical information may be collected by employers, when an employer can request employee medical information, how such information may be requested, how it must be stored, and how long the records must be retained.... Once medical information is obtained, employers must also be sure to comply with laws governing how such information must be maintained, protected, and retained."  MORE >>

"[T]he program is designed to 'promote clarity, consistency, and transparency in the application of federal labor standards.' Any interested party, including employers, employees, and unions, may submit requests, particularly in cases where existing laws are unclear or do not fully address specific workplace scenarios."  MORE >>

"Aronowitz was approved on a 14-9 vote, with Sens. Tim Kaine (D-Va.) and John Hickenlooper (D-Colo.) crossing party lines to support the nominee. He still needs to be confirmed by the full Senate, however, before he can officially take office."  MORE >>