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Documents on Employee Benefits, Health Care
 

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HTMLDisgorgement of Profits Not Available for Arbitrary and Capricious Benefits Denial - This Time
Robert P. Lesko; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 31, 2015, previously published on March 24, 2015
Wrongful denial of employee benefits will not expose plan fiduciaries to equitable remedies - such as disgorgement of profits - where restoration of benefits is adequate to make the claimant whole, says the Sixth Circuit in Rochow v. Life Ins. Co. of N. Am., No. 12-2074 (March 5, 2015). So the...

 

HTMLACA Cadillac Tax Proposed Regs: What Treasury and IRS Are Considering
Stephanie O. Zorn; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on March 10, 2015
The Affordable Care Act (“ACA”) added section 4980I to the Internal Revenue Code (“Code”). Code section 4980I applies to tax years after December 31, 2017, and provides a tax on high cost employer-sponsored health coverage - if the aggregate cost of employer-sponsored...

 

HTMLCity That Cancelled Health Insurance After Firefighter Exhausted FMLA Did Not Violate COBRA
John H. Geaney; Capehart & Scatchard, P.A.;
Legal Alert/Article
March 19, 2015, previously published on March 12, 2015
Very few cases have focused on the relationship between COBRA and FMLA. The case of Neal v. City of Danville, Virginia, 2014 U.S. Dist LEXIS 17126, W. D. Va. (December 11, 2014) provides employers with important insight on this issue.

 

HTMLEmployers Beware: Significant Penalties May Be Assessed for Reimbursement of Individual Health Insurance Policy Premiums
Mindi M. Johnson; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
March 19, 2015, previously published on December 18, 2014
Employers, including municipal employers, have historically struggled to develop a health insurance benefit program for their employees that provides quality benefits and is cost-effective. After the Health Insurance Marketplace opened for business, many employers recommended that their employees...

 

Adobe PDFEbola and Employer Obligations
Duncan A. W. Abate, Hong Tran; Mayer Brown JSM;
Legal Alert/Article
December 5, 2014, previously published on November 10, 2014
The outbreak of the Ebola Virus Disease (“Ebola”) in West Africa has received considerable media attention as it begins to spread outside of Africa. In August 2014, the Government of Hong Kong confirmed that Ebola is grouped under Viral Haemorrhagic Fever (“VHF”), which is...

 

HTMLPPACA's Employer Mandate Draws Near...Non-Calendar Plans Beware!
Mindi M. Johnson; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
November 28, 2014, previously published on November 5, 2014
As is well known by now, transitional relief from the Patient Protection and Affordable Care Act's Employer Mandate in 2015 is available for certain applicable large employers that sponsor non-calendar year health plans. This transitional relief allows the employer to avoid penalties for those...

 

HTMLFinal Regulations Regarding Limited Scope Vision and Dental Benefits and Employee Assistance Programs as Excepted Benefits
Dan Brown, Kenneth B. Schnoll; Dentons Canada LLP;
Legal Alert/Article
November 17, 2014, previously published on October 1, 2014
On October 1, 2014, the US Department of Treasury issued final regulations (the "Regulations") regarding limited-scope vision and dental benefits and employee assistance programs as excepted benefits for purposes of the Affordable Care Act.

 

Adobe PDFLegislation Imposing Limits on Direct Dispensing of Medications to Injured Workers by Physicians Becomes Law in Pennsylvania
Francis X., Esq. Wickersham; Marshall Dennehey Warner Coleman Goggin P.C.;
Legal Alert/Article
November 15, 2014, previously published on November 3, 2014
On October 27th, Governor Tom Corbett signed into law House Bill 1846, which will limit the practice of physicians dispensing drugs directly to injured workers. A recent front page article in The Philadelphia Inquirer by Don Saptkin highlighted the significant costs Pennsylvania employers were...

 

HTMLIRS Announces Changes to Mid-Year Cafeteria Plan Elections
Lauren B. Dunn; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
November 14, 2014, previously published on October 28, 2014
On September 18, 2014, the Internal Revenue Service ("IRS") issued Notice 2014-55, that expands the permissible mid-year election change rules for cafeteria plans in order to facilitate enrollment in coverage through a Health Insurance Marketplace ("Marketplace"). Notice 2014-55...

 

HTMLNo Data from Self-Insured Plans
Mary L. Porter; Gordon Feinblatt LLC;
Legal Alert/Article
October 17, 2014, previously published on Fall 2014
The U.S. Court of Appeals for the Second Circuit recently held in Liberty Mutual v. Donegan that the federal Employee Retirement Income Security Act (ERISA) prohibits states from requiring self-insured health plans and their third party administrators to provide participant eligibility and claims...

 


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