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New Massachusetts Law Requires State PBM Licensing

"Massachusetts has passed a new state law that requires pharmacy benefit managers (PBMs) to get a license from the Massachusetts Division of Insurance no later than January 1, 2026.... PBMs that fail to obtain or renew state licenses as required, violate other state PBM laws, cause multiple consumer complaints, or commit fraud are all subject to punishment by state insurance regulators."

Overview of COVID-19 Law and Guidance for Health and Welfare Plans

"This article provides an overview of significant COVID-19 legislation and guidance related to employer-sponsored health and welfare benefit plans ... Some of these changes are mandatory for group health plans. Other are optional. Employers should carefully review these rules to determine any compliance obligations as well as any opportunities to benefit their businesses and respective employees."

Ninth Circuit Explains ERISA Preemption of State Law Claims Arising from Preservice Coverage Communications

"The Ninth Circuit ruled that ERISA preempts state law claims arising from preservice coverage communications between healthcare providers and health plan administrators, including those for verifying benefits and preauthorizing services.... The communications referenced the ERISA plans because determining reimbursement would require an inquiry into the plan terms. Furthermore, the communications connected with ERISA plans as preauthorization are central to the administration of those plans." [Bristol SL Holdings Inc. v. Cigna Health and Life Ins. Co., No. 23-55019 (9th Cir. May 31, 2024)]

How Employers Can Leverage Retirement Law Changes

"[A]dding a [qualified student loan payment (QSLP)] matching contribution increases the administrative complexity of a plan.... [I]nclusion of a QSLP feature should act as an attraction and retention tool for employers looking to hire recent graduates, millennials and even older workers with remaining outstanding student loan debt.... Employers should proceed with caution as they consider amending their existing plan or starting a new plan that includes ... emergency savings accounts.... [E]mployee education can prove the difference-maker when it comes to perceived benefits to participants."

Menopause Benefits Continue to Be a Rare Offering

"NFP, a global benefits consultant and property and casualty insurance broker, recently reported that only five percent of U.S. employers offer menopause benefits to their employees. This figure increased only incrementally from last year when four percent of U.S. employers offered such benefits.... Many see the slight increase as surprising and frustrating for employees who overwhelmingly request these benefits."

Senior Executives Balk on Providing Child Care Benefits, According to HR Professionals

"According to a recent ... survey, 8 out of 10 human resources (HR) professionals report difficulties convincing senior executives that investing in childcare benefits for workers is beneficial.... HR professionals say that lack of knowledge about employees' needs is a contributing factor to the executives' uncertainty about embracing enhanced childcare benefits."

Proactive Employer Measures for Avoiding Coronavirus-Related Benefits Litigation

"Investment decisions for retirement plans ... Benefits for laid off or furloughed employees ... Benefits notifications for separating employees ... Changes to COVID-19-related benefits strategy."

Cybersecurity Breach Suits Raise Questions About Liability for Benefits Plans

"Seventh Circuit affirms DOL authority to investigate cybersecurity breaches ... Proposed class action targets benefits administration company ... Benefit plan consulting firm faces mega class action over security leak."

Avoiding COVID-19 Benefits-Related Litigation

"[1] Did employee layoffs trigger a partial termination of your plan that requires accelerated vesting? ... [2] Were there any changes to investments during the COVID-19 pandemic period and, if so, were those actions documented? ... [3] Were decisions whether or not to continue benefits to laid off or furloughed employees made consistently and uniformly? ... [4] Were separating employees timely notified of their COBRA rights and continuation of other benefits? ... [5] Have you recorded any changes to your COVID-19-related benefits strategy in plan documents?"

Battle Over ESG Means Balancing Act for Benefits Plans

"Congress recently passed legislation seeking to nix a [DOL] rule meant to help retirement plan managers factor things like climate change and social justice into investment decisions, a move that attorneys say highlights the legal risks for plans that offer funds devoted to socially conscious investing.... [W]ith the push for ESG coming from all different directions, plans are inevitably putting themselves at risk."