Insights

The IRS recently released its Employee Plans Examination Process Guide, which provides a general explanation of the EP Examination process and provides resources for retirement plan compliance. The guide is divided into six sections: Section 1 - Overview of EP Examinations: Provides a general overview of the examination process from initial contact through conclusion, including a helpful flowchart showing the various steps in the examination process.  Section 2 - Initiation of an Exami

Recently, two healthcare bills were enacted into law. Act 316 (previously HB 1035) mandates that insurance policies cover screening for depression of birth mothers. Specifically, Act 316 requires a healthcare insurer that offers, issues, or renews a health benefit plan in the state to provide coverage for depression screening of a birth mother by a healthcare professional within the first six weeks of the mother giving birth on or after January 1, 2024. For this purpose, a healthcare insurer in

On March 13, 2023, Gov. Pritzker signed Senate Bill 208, known as the Paid Leave for All Workers Act (the 'Act'), which will require covered Illinois employers to provide covered employees up to 40 hours of paid leave per year beginning January 1, 2024. Covered employees will accrue one hour of paid leave for every 40 hours worked. Employers can choose to frontload the 40 hours of paid leave if desired. Covered employers include all employers with employees in Illinois, including state and loca

On March 30, 2023, the US District Court for the Northern District of Texas (the 'court') issued a final judgment in Braidwood Management Inc. v. Becerra, which invalidates and prohibits enforcement of certain ACA preventive care requirements on a nationwide basis. As explained below, the final judgment follows the court's September 7, 2022, ruling in a case challenging the legality of the preventive care mandates. Under the ACA, non-grandfathered group health plans must cover certain prev

On March 30, 2023, the US District Court for the Northern District of Texas (the 'court') issued a final judgment in Braidwood Management Inc. v. Becerra, which invalidates and prohibits enforcement of certain ACA preventive care requirements on a nationwide basis. As explained below, the final judgment follows the court's September 7, 2022, ruling in a case challenging the legality of the preventive care mandates. Under the ACA, non-grandfathered group health plans must cover certain preventiv

The construction industry has long been characterized by high levels of risk, from workplace accidents to supply chain disruptions. With advances in technology, however, new solutions are emerging to help mitigate these risks. One such solution is the use of Internet of Things (IoT) backbones in construction projects. Before we dive into the specifics of IoT backbones in construction, it is helpful to first examine the issue of risk in construction. Construction is an inherently risky industry

There is still time! The standard deadlines for an employee to notify the plan of a HIPAA special enrollment right (SER) have been significantly extended because of COVID-19 relief guidance. These deadline extensions are mandatory and are still in effect. To review, HIPAA requires that group medical plans provide midyear special enrollment opportunities under certain circumstances. A HIPAA SER can arise in the event of a birth or a child's adoption/placement for adoption, marriage, loss of eli

On March 17, 2023, the Maryland Insurance Administration (MIA) announced revisions to certain essential health benefits (EHBs) included in Maryland's benchmark plan. The benchmark plan sets minimum standards of coverage under fully insured small group plans (and individual plans) issued in the state. MIA determined certain benefits and exclusions in the Maryland benchmark plan are discriminatory and must be revised. In particular, regarding small group plans, visit limits for habilitative servi

On February 23, 2023, in Yates v. Symetra Life Insurance Company, the Eighth Circuit Court of Appeals (the 'Eighth Circuit') affirmed a district court ruling that an ERISA plan participant is not required to exhaust administrative remedies before challenging a benefit denial in court when the written plan documents do not mention any review process or administrative remedies to be exhausted. The case involved employee Terri M. Yates, who worked at Phelps County Bank and participated in the comp