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-- An attorney subscriber
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Search the News Archive
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67 Matching News Items |
| 1. |
Smith, Gambrell & Russell, LLP
Sept. 17, 2025
"This recent Eleventh Circuit decision heralds a narrowing view of when health plan exclusions for gender-affirming care are deemed to be unlawfully discriminatory.... [At] least one district court addressing a similar health plan exclusion for gender affirming care for minors post-Skrmetti has reached a different conclusion from the Eleventh Circuit, albeit in the context of Section 1557 of the [ACA], not Title VII." [Lange v. Houston County, Georgia, No. 22-13626 (11th Cir. Sep. 9, 2025)]
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| 2. |
Smith, Gambrell & Russell, LLP
Sept. 15, 2025
"In response to questions about what happens if an individual, who has a Deemed Roth Catch-up Election in place, ceases to be an Affected Participant, the Final Regulations note that such a 'Deemed Election' must cease to apply within a 'reasonable period of time' thereafter. Catch-up contributions that were 'deemed' as Roth contributions before the end of the 'reasonable period of time' do not need to be recharacterized as pre-tax catch-up contributions."
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| 3. |
Smith, Gambrell & Russell, LLP
July 17, 2025
"The final version of the Bill did not include many of the proposed revisions to HSAs that were included in earlier drafts. However, the following changes were codified: Telehealth safe harbor ... Primary care service arrangements ... Dependent Care Assistance programs ... Student loan repayments ... Childcare tax credit ... Individual Coverage Health Reimbursement Arrangements (ICHRAs) ... Trump accounts ... [ACA] subsidies."
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| 4. |
Smith, Gambrell & Russell, LLP
May 18, 2025
"Group health plan sponsors should remember that the Departments' pause on enforcement only relates to the 2024 Final Rule. The Mental Health Parity Act rules on NQTLs have not disappeared altogether, nor has the requirement to perform and document a comparative analysis that shows that the plan's NQTLs are compliant."
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| 5. |
Smith, Gambrell & Russell, LLP
Sept. 24, 2024
"The new final rules: [1] Formalize and expand the components required to be included in the NQTL comparative analysis.... [2] Require plans to review and evaluate claims and other relevant data to determine the impact of the plan's NQTLs on participants' access to MH/SUD benefits and take reasonable action to address any material issues. [3] Create a new 'meaningful benefits' standard for MH/SUD benefits."
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| 6. |
Smith, Gambrell & Russell, LLP
July 1, 2024
"While the Court explained that when a statute delegates authority to an agency to interpret it, courts must continue to respect the delegation, it noted that courts must still ensure that the agency acts within its constitutional limits. As such, it is likely that there will be more litigation challenging rules and regulations promulgated by the Departments that affect employee benefit plans." [Loper Bright Enterprises, Inc. v. Raimondo, Sec. of Comm., No. 22-451 (S. Ct. Jun. 28, 2024)]
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| 7. |
Smith, Gambrell & Russell, LLP
Feb. 22, 2024
"In light of the J&J case and recent uptick in group health plan litigation alleging breach of fiduciary duty, group health plan fiduciaries may wish to evaluate their current fiduciary governance structure to ensure a process is in place for selecting and monitoring group health plan service providers. This may include a renewed focus on contract terms and monitoring group health plan costs, especially prescription drug costs and the amounts paid to PBMs and the plans' consultants and administrators, in order to ensure such costs remain reasonable."
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| 8. |
Smith, Gambrell & Russell, LLP
Dec. 3, 2023
12-page chart details provisions of the proposed regulations, along with plan document requirements and cautionary notes.
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| 9. |
Smith, Gambrell & Russell, LLP
Nov. 28, 2023
"Illinois' Paid Leave for All Workers Act ... effective January 1, 2024, applies to nearly all Illinois employers ... [P]aid leave can be used for any reason, and does not have to be for sick leave for the employee or their family member.... Effective December 31, 2023, Chicago has also amended its Paid Leave and Paid Sick and Safe Leave Ordinance to require eligible employees to accrue up to 40 hours of sick leave as well as 40 hours of paid leave that can be used for any reason. Chicago law also has different accrual rates than Illinois law[.]"
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| 10. |
Smith, Gambrell & Russell, LLP
Jan. 23, 2023
"[C]overed employers in Illinois should start preparing now by reviewing the paid leave policies currently in place. Employers with any type of paid leave policy providing at least 40 hours of paid leave are not required to modify their policy, so long as the employee, at their discretion, can take paid leave for any reason."
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