Sarah Raaii

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Sarah G. Raaii focuses her practice on employee benefits and matters related to health care reform, data privacy and HIPAA compliance, executive compensation, and health and welfare, cafeteria, 401(k), 403(b) and pension plans. Read Sarah Raaii's full bio.

US Supreme Court Ruling Complicates Abortion Insurance Coverage


By on Jul 1, 2022
Posted In Benefit Controversies, Employee Benefits, Health and Welfare Plans

The patchwork of US federal and state rules governing abortion insurance coverage will become more complicated following the US Supreme Court’s decision to overturn Roe v. Wade. In this MarketWatch article, McDermott’s Sarah Raaii said the situation has employers on edge. “We’ve had a huge influx of employers reaching out and asking, ‘What should I...

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What Employers Should Do Now That Roe Has Fallen


By on Jun 27, 2022
Posted In Benefit Controversies, Employee Benefits, Health and Welfare Plans, Privacy and Data Security

The monumental decision by the Supreme Court of the United States in Dobbs v. Jackson Women’s Health Organization to overturn Roe v. Wade presents significant challenges for employers and health plans. According to this Law360 article, employers should begin reviewing state laws, evaluating internal company policies, gauging employee reactions and preparing for legal challenges. McDermott’s Sarah...

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Preparing for the Demise of Roe v. Wade and the Criminalization of Abortion in Some US States: Practical Considerations for a Post-Roe World


By , , , , and on Jun 15, 2022
Posted In Benefit Controversies, Employee Benefits, Health and Welfare Plans

Sometime in the next several weeks, the Supreme Court of the United States will issue its decision in Dobbs v. Jackson Women’s Health Organization (Dobbs). Based on the draft majority opinion authored by Justice Samuel Alito that was leaked to Politico in early May, there is a significant chance that the Court will overrule Roe v. Wade (Roe) and Planned Parenthood...

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Employers Explore Abortion Coverage Continuation


By and on Jun 1, 2022
Posted In Benefit Controversies, Employee Benefits, Employment, Executive Compensation, Health and Welfare Plans

While the United States awaits the Supreme Court’s ruling in Dobbs v. Jackson, which may overturn Roe v. Wade and eliminate the federal standard for abortion access, some states are considering setting their own standards that would ban or protect the medical procedure. This state-by-state rulemaking will cause some difficulty for employer plans, and employers are increasingly exploring...

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‘Unprecedented Interest’ in Employer-Covered Abortion Travel


By on May 5, 2022
Posted In Employee Benefits, Employment, Health and Welfare Plans, Labor

If the US Supreme Court overturns Roe v. Wade (as suggested by a leaked draft on May 2), employers who want to provide abortion coverage to employees and their families could encounter serious challenges. In this Bloomberg Law article, McDermott’s Sarah G. Raaii noted that employers that provide travel expenses for abortions might encounter resistance...

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Agencies Clarify How Employers Can Charge COVID-19 Vaccine Premium Incentives


By and on Feb 24, 2022
Posted In Employee Benefits, Employment, Health and Welfare Plans, Labor

US employers have grown increasingly interested in identifying incentives that increase COVID-19 vaccination among employees. The US Departments of Labor, Treasury and Human and Human Services recently issued guidance regarding the application of the Health Insurance Portability and Accountability Act (HIPPA) wellness rules to vaccine-related premium surcharges and discounts, clarifying that employers may charge vaccine...

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Agencies Clarify How Employers Can Charge COVID-19 Vaccine Premium Incentives


By and on Nov 2, 2021
Posted In Employee Benefits, Employment, Health and Welfare Plans

On October 4, 2021, the US Departments of Labor, Treasury, and Health and Human Services issued guidance regarding the application of the Health Insurance Portability and Accountability Act (HIPAA) wellness rules to vaccine-related premium surcharges and discounts, clarifying that employers may charge vaccine premium incentives if they adhere to the requirements of activity-only health-contingent programs....

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IRS Provides Further Guidance on COBRA Election and Payment Deadlines


By and on Oct 27, 2021
Posted In Employee Benefits, Employment, Health and Welfare Plans

In Notice 2021-58, the Internal Revenue Service clarified that the one-year tolling relief periods for Consolidated Omnibus Budget Reconciliation Act (COBRA) elections and initial premium payments run concurrently, not consecutively. This means that a qualified beneficiary generally will have only one year of total disregarded time for the election and initial payment periods. Read more...

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How to Apply the IRS’s COBRA Premium Subsidy Guidance


By , , and on Jun 9, 2021
Posted In Employee Benefits, Employment, Health and Welfare Plans

On May 18, 2021, the Internal Revenue Service (IRS) issued much-anticipated Notice 2021-31 (the Notice) regarding the Consolidated Omnibus Budget Reconciliation Act (COBRA) premium subsidy provisions of the American Rescue Plan Act of 2021 (ARPA). Under ARPA, a 100% COBRA premium subsidy and additional COBRA enrollment rights are available to certain assistance eligible individuals (AEIs)...

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IRS Provides Additional COVID-19 Relief for Cafeteria Plans


By and on Apr 13, 2021
Posted In Employee Benefits, Health and Welfare Plans

On February 18, 2021, the Internal Revenue Service (IRS) issued clarifying guidance on the temporary special rules for health flexible spending arrangements (FSAs) and dependent care assistance programs (DCAPs). This provides welcome guidance regarding the application of cafeteria plan relief provided by the Consolidated Appropriations Act (CAA). Access the article.

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