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“BenefitsLink continues to be the most valuable resource we have at the firm.”
-- An attorney subscriber
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Search the News Archive
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22 Matching News Items |
| 1. |
Maynard Nexsen
Aug. 21, 2025
"If an employer has reason to believe an employee's absence or need for time off is FMLA-qualifying, the employer is responsible for designating the leave as FMLA protected.... In order to appropriately evaluate whether an employee's time off for medical needs triggers the FMLA, employers should have a thorough understanding of how the FMLA defines 'serious medical condition.' ... Once an employer has reason to believe an employee may be entitled to FMLA leave, employers are required to comply with the FMLA's notice requirements."
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| 2. |
Maynard Nexsen
Aug. 12, 2025
"[This article provides] a high-level overview of the various nondiscrimination rules that can apply to health and welfare plans, [as well as] some of the unsettled ambiguities in the nondiscrimination rules under Sections 125 and 105(h) of the Internal Revenue Code."
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| 3. |
Maynard Nexsen
Aug. 12, 2025
"[FAQs Part 71] reiterates that Sections 102 through 105 of the Act extended statutory protections under multiple federal codes ... Part 71 further discusses the ACA's maximum annual out-of-pocket cost-sharing limits for essential health benefits under Section 1302(c)(1) of the ACA. The FAQs clarify how cost-sharing limits apply when out-of-network services are billed.'
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| 4. |
Maynard Nexsen
July 22, 2025
"While the trend of states and local jurisdictions adopting paid leave laws has slowed, it has not stopped.... [S]tate and local jurisdictions that already have paid laws in place are now amending their paid leave laws, generally, to expand the requirements and provide greater benefits to employees."
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| 5. |
Maynard Nexsen
July 10, 2025
"The District Court reasoned that although Cal-COBRA is a state law, the continuation coverage was an extension of an ERSA-governed plan. As a result, once Owens elected continuation coverage, she remained a participant in the original Frederickson plan, and any claims related to that plan -- even during the continuation period -- fall under ERISA's exclusive regulatory regime." [Owens v. Blue Shield of California, No. 24-0400 (N.D. Calif. Mar. 20, 2025)]
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| 6. |
Maynard Nexsen
June 9, 2025
"Despite the pause in litigation, the halting of any noncompliance enforcement, and the Departments’ reconsideration of the 2024 Final Rule, sponsors are not relieved from their current obligations under the 2013 final rule, including the obligation to perform a comparative analysis."
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| 7. |
Maynard Nexsen
June 9, 2025
"Employees who lose their existing health insurance due to job loss, reduction in work hours, or the end of COBRA continuation coverage are eligible for special enrollment.... HIPAA requires a group health plan to provide special enrollment opportunities to certain employees who acquire a new spouse or dependent by marriage, birth, adoption, or placement for adoption."
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| 8. |
Maynard Nexsen
May 27, 2025
"[T]he Florida Office of Insurance Regulation has brought PBM laws and preemption back into the spotlight with its somewhat stringent audit protocols aimed at increasing transparency and accountability within the pharmaceutical supply chain, a trend in state oversight of PBMs that may seem attractive to an increasing number of states."
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| 9. |
Maynard Nexsen
May 27, 2025
"[T]he treatment of unused funds from health flexible spending accounts (FSAs), dependent care assistance programs (DCAPs), and health savings accounts (HSAs) varies significantly ... [This article provides] a breakdown of how each program and any distributions should be treated upon a participant's death[.]"
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| 10. |
Maynard Nexsen
Apr. 20, 2025
"While the employer argued that the employee did not establish an injury that can be traced to the allegedly improper notice, the court concluded that the employee had done enough to establish her claims at this stage. The court also ruled that the 'good faith' standard no longer applies to employer distribution of effective COBRA notices, emphasizing that the notice must meet specific legal standards established by the [DOL] regulations." [Marrow v. E.R. Carpenter Company, Inc., No. 23-2959 (M.D. Fla. Feb. 4, 2025)]
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