Insights

On March 7, 2022, the Congressional Research Service (CRS) released a report describing different types of health reimbursement arrangements (HRAs). CRS is a federal legislative branch agency serving Congress members and committees. The report highlights key elements of each HRA type, including eligibility, contributions, distributions and the treatment of unused balances. Specifically, the types of HRAs the report features are: Group health plan HRAs Qualified small employer HRAs (QSE

On February 28, 2022, the US Supreme Court declined to review the appeal of a challenge to California's mandated payroll deduction IRA program, CalSavers. The plaintiff, the Howard Jarvis Taxpayers Association, requested the review. The plaintiff asserted that ERISA preempted the state law. The plaintiff also argued that the California law conflicted with ERISA's structure and stripped employers of ERISA's protections. The federal district court and the Ninth Circuit Court of Appeals had each d

On February 9, 2022, Gov. Newsom signed SB 114 into law, which is the 2022 COVID-19 Supplemental Paid Sick Leave (SPSL). The 2021 version of the law expired on September 30, 2021. Like the prior version, employers with 26 or more employees must provide paid leave to employees who are unable to work (including telework) for a COVID-19 related reason. The new law is retroactively effective to January 1, 2022. Employers must make available two different banks of 40 hours paid leave each; this var

On February 17, 2022, Gov. Inslee issued a proclamation to continue a state of emergency in all counties of Washington State. Additionally, the proclamation prohibits employers from taking employment action against employees who: Receive a COVID-19 vaccination. Take a reasonable time off to receive a vaccination or recover from vaccination side effects. Take time off when the employee is subject to a quarantine or isolation order or advice to self-quarantine; or Wear a face covering while

On February 17, 2022, the Department of Insurance (the 'department') issued Bulletin No. 3-2022 regarding the federal No Surprises Act (NSA). The purpose of the bulletin was to provide information on NSA requirements that apply to healthcare providers and facilities and air ambulance services, effective in 2022. The bulletin outlines the NSA prohibitions against balance billing of consumers for covered items and services, including out-of-network (OON) emergency and air ambulance services and

No, distributing the COBRA Initial Notice (also known as the General Notice) to all newly hired eligible employees in an enrollment packet is not sufficient for several reasons. As a reminder, the notice must be distributed to all newly enrolled employees and spouses within 90 days after commencement of coverage. First, the Initial Notice should only go to covered participants. The first paragraph of the notice begins, 'You're getting this notice because you recently gained coverage under a gr

On February 14, 2022, the DOL published a request for information (RFI) on possible actions the agency can take to protect retirement savings from threats of climate-related financial risk. This RFI comes after President Biden issued Executive Order 14030 on Climate-Related Financial Risk, directing the DOL to determine steps they can take to safeguard the financial security of America's workers and businesses against the threat that climate changes pose to their life savings. The RFI asks stak

In Vercellino v. Optum Insight, et al., the Eighth Circuit Court of Appeals examined whether the ERISA self-insured health plan and its insurer have the right to reimbursement for medical expenses paid for a participant's injury if the participant recovered any proceeds from the party who caused the injury. The Eighth Circuit ruled in favor of the health insurer and the plan because the health plan's ERISA plan document clearly provided for such reimbursement rights. When Vercellino was a minor

On February 24, the IRS published proposed regulations on required minimum distributions (RMDs). The changes to the existing RMD rules come on account of the amendments found in the Setting Every Community Up for Retirement Enhancement (SECURE) Act. Specifically, the SECURE Act revised the beginning date of RMDs to April 1 of the calendar year following the later of the calendar year in which the employee either turns age 72 or retires. Prior to the SECURE Act, the triggering age was 70 ½. Thi