EMPLOYEE BENEFITS BLOG

Breaking Down the New No Surprises Act FAQs Post-TMA III

by Drew Elizabeth McCormick, Jamie Gelfman, Kristen O'Brien, Jeffrey Davis and Abygail Hoey | Mar 25, 2025 | Employee Benefits, Health and Welfare Plans

On January 14, 2025, the US Departments of Labor, Health and Human Services, and the Treasury, along with the Office of Personnel Management, released Part 69 of a series of FAQs aimed at helping stakeholders understand and comply with the federal No Surprises Act.

This latest set of FAQs focuses on how health plans and issuers should determine the qualifying payment amount and includes updates to disclosure and patient cost-sharing requirements, reflecting the recent rulings by the US District Court for the Eastern District of Texas and the US Court of Appeals for the Fifth Circuit in the case of Texas Medical Association, et al. v. United States Department of Health and Human Services, et al.

Read more here.

Fourth Circuit Stays Preliminary Injunction of Executive Orders Related to DEI Programs

by Chris Braham, Rachel B. Cowen, Tara Ward and Alivia Combe-DuQuet | Mar 20, 2025 | Employment

On March 14, 2025, the US Court of Appeals for the Fourth Circuit issued a stay on the US District Court for the District of Maryland’s nationwide preliminary injunction of US President Donald Trump’s executive orders (EOs) that target diversity, equity, and inclusion (DEI) programs – namely, EO Nos. 14151 and 14173 – which allows the government to implement and enforce the EOs while litigation continues.

Read more here.

Recent Developments Relating to the DOL and ESOPs

by Ted Becker and Julian André | Mar 18, 2025 | Employee Stock Ownership Plans (ESOPs), Labor

There have been major developments that could impact the future of US Department of Labor (DOL) regulation, investigations, and litigation related to employee stock ownership plans (ESOPs). During a recent National Center for Employee Ownership webinar, Partners Ted Becker and Julian André explored what ESOP fiduciaries, ESOP company directors and management, employees involved with ESOPs, and advisors need to know about these developments.

Access the recording.

Price Transparency: A Trump Administration Regulatory Priority

by Jeffrey Davis and Leigh Feldman | Mar 13, 2025 | Employee Benefits, Health and Welfare Plans

On February 25, 2025, the Trump administration highlighted one of its priorities in an executive order on price transparency. While the order primarily focuses on enforcing existing price transparency requirements, it also suggests potential changes or expansions, which would necessitate rulemaking. Potential impacts on health plans include the requirement to make detailed pricing information publicly available and to provide an online shopping tool. This tool will allow consumers to see the rates negotiated by their providers and plans, as well as an estimate of their out-of-pocket costs for 500 of the most shoppable items and services.

Read more here.

Federal Court Blocks Trump’s Anti-DEI Executive Orders Nationwide

by Chris Braham, Rachel B. Cowen and Tara Ward | Mar 11, 2025 | Employment

On February 21, 2025, the US District Court for the District of Maryland granted a motion for a preliminary injunction against the Trump administration’s recent diversity, equity, and inclusion (DEI) executive orders. This decision followed a lawsuit that challenged the orders based on First and Fifth Amendment grounds.

Read more here.