Pharmacy Benefit Manager (“PBM”) arrangements have long relied on rebates with limited transparency into true drug costs. Recent regulatory and...
Recordkeepers will soon begin to distribute new Adoption Agreements or Adoption Agreement Amendments to their pre-approved plan customers. These...
The cost of GLP-1 medications to group health plans continues to increase rapidly as FDA approval expands and the percentage of participants and...
Self-insured group health plans are HIPAA “covered entities” and—unlike most fully insured arrangements—typically must maintain and...
We often are asked how to correct automatic enrollment and automatic escalation errors in 401(k) and 403(b) retirement plans. The fix typically has...
Non-governmental employers that sponsor Section 457(b) deferred compensation plans should be mindful that December 31, 2025, is the deadline for plan...
Introduction Maine’s new Act to Improve Accountability and Understanding of Data in Insurance Transactions (the “Audit Act” or “Act”)...
We often are asked how an employer’s existing short-term disability (“STD”) policy will interact with new state medical leave programs. While...
Despite efforts by plan sponsors and third-party administrators/plan recordkeepers to communicate to defined contribution retirement plan...
In the context of medical coverage, the terms “Preventive Services” and “Preventive Care” are often used interchangeably. The two terms,...
On April 3, 2025, the Department of Labor issued Field Assistance Bulletin No. 2025-02 (the FAB), providing initial guidance and updated models for...
Many employers are facing challenges in incorporating high-cost GLP-1 medications, such as Mounjaro, Ozempic, Rybelsus, Trulicity, and Wegovy, into...
Since we last discussed environmental, social, and corporate governance (“ESG”) developments in the context of ERISA retirement plans (see our...
“Solo 401(k)” is a marketing term used for a 401(k) plan that is adopted by a sole proprietor or an incorporated business with no employees other...
Retirement plan fiduciaries have a new option for handling small benefit payments owed to missing participants and beneficiaries thanks to a...
The Departments of Labor, Health and Human Services, and the Treasury, with the Office of Personnel Management (the “Departments”)...
On September 6, 2024, the U.S. Department of Labor (DOL) issued a press release announcing that it was publishing updated cybersecurity guidance in...
The SECURE 2.0 Act of 2022 added new Section 523 to the Employee Retirement Income Security Act of 1974 (“ERISA”), requiring the Department of...
For over twenty years, the IRS has provided guidance on correcting overpayments from retirement plans through its correction program, the Employee...
The long-anticipated final rule under the Mental Health Parity and Addiction Equity Act (MHPAEA) was published on September 9, 2024. The MHPAEA...
In November 2023, the IRS issued proposed regulations addressing the SECURE 2.0 long-term part-time (LTPT) employee eligibility requirements...
A “qualified disclaimer” is a tax-effective way to refuse a transfer of property that would otherwise occur on someone’s death. From time to...
Summer is ending and fall is rapidly approaching. For employee benefit professionals with calendar-year health and welfare benefit plans that means...
Section 110 of the SECURE 2.0 Act of 2022 (“SECURE 2.0”) permits employers maintaining a 401(k), 403(b), governmental 457(b), or SIMPLE IRA plan...
On April 26, 2024, the U.S. Department of Health and Human Services (HHS) and Office for Civil Rights (OCR) published Final Regulations under...
In our December 7, 2023 post, we noted five class action lawsuits, all filed by the same law firm within two months, in which 401(k) plan...
We are sometimes asked whether a self-funded group health plan is required to cover gender-affirming medical services. As this post explains in...
This post examines excess deferrals under non-governmental 457(b) plans, including the approved method for correcting them and the penalty for...
For the past few years, we have encouraged plan sponsors to focus on matters of fiduciary governance for their health and welfare benefit plans (see...
We are well into the Affordable Care Act (“ACA”) information reporting season. Forms 1095-B/1095-C must be provided to employees by March 1,...