Health and Welfare Plans Archives - Page 26 of 125

ERIC Files Amicus Brief Rebutting DOL Attempt to Create New Regulations in Lawsuit

by Andrew Liazos, Michael B. Kimberly and Charlie Seidell | Apr 28, 2022 | Benefit Controversies, Employee Benefits, Health and Welfare Plans

McDermott Will & Emery’s Andrew C. Liazos, Michael B. Kimberly and Charlie Seidell recently filed an amicus brief in the US Court of Appeals for the 10th Circuit on behalf of the ERISA Industry Committee (ERIC). McDermott filed the brief in response to a US Department of Labor (DOL) amicus brief that advanced a novel interpretation of its regulations which, if adopted through litigation, would change longstanding procedures for benefit determinations under self-funded medical plans sponsored by large employers. The amicus brief focuses on key arguments against the DOL’s attempted regulatory reinterpretation, including that:

DOL may not rewrite its regulations outside of notice-and-comment rulemaking;
DOL’s interpretation of its own regulations is inconsistent with the plain text of the regulations;
There are good policy reasons underlying differential treatment of healthcare and disability benefits determinations; and
DOL’s interpretation of the regulations in its amicus brief is not entitled to deference under the Supreme Court decision in Kisor.

Read ERIC’s amicus brief here.

Read ERIC’s statement here.

FDA Publishes Proposed Rule on National Standards for the Licensure of Wholesale Drug Distributors and Third-Party Logistics Providers

by Brian Malkin and Harrison Farmer | Apr 13, 2022 | Employee Benefits, Health and Welfare Plans

The US Food and Drug Administration (FDA) published its proposed rule National Standards for the Licensure of Wholesale Drug Distributors and Third-Party Logistics Providers on February 4, 2022. The proposed rule sets national standards for the licensing of prescription drug wholesale distributors (WDDs) and third-party logistics providers (3PLs) with the goal of strengthening the security of the US drug supply chain. When finalized and effective, these licensing regulations will pre-empt state and local licensing standards, requirements and regulations that are different from these federal requirements.

Read more here.

Biden Administration Foreshadows Impending Nursing Home Quality Reforms

by Evie Atwater, George Tzanetakos and Gregory Fosheim | Apr 7, 2022 | Benefit Controversies, Digital Health, Employee Benefits, Employment, Health and Welfare Plans, Labor

On February 28, 2022, the White House issued a fact sheet outlining several efforts aimed to increase safety, accountability, oversight and transparency in the senior services industry (Fact Sheet). Although the Fact Sheet’s initiatives have not yet been implemented, President Biden reiterated his administration’s focus on nursing home reform during his March 1, 2022, State of the Union address. Accordingly, the efforts described in the Fact Sheet provide stakeholders with a peek into the regulatory crystal ball of the governmental efforts that may be forthcoming, either through new laws, regulatory action, policy changes, enforcement activities or subregulatory guidance.

Read more here.

Inflation and ERISA Penalties: Hand in Hand for 2022

by Diane Morgenthaler | Apr 6, 2022 | Benefit Controversies, Employee Benefits, Employee Stock Ownership Plans (ESOPs), Employment, Executive Compensation, Fiduciary and Investment Issues, Health and Welfare Plans, Labor, Retirement Plans

The Federal Civil Penalties Inflation Adjustment Act of 2015 directs the US Department of Labor (DOL) to make annual inflation adjustments to specified Employee Retirement Income Security Act (ERISA) violations. The increased penalties generally apply to reporting and disclosure failures if the penalty is assessed after January 15, 2022, and if the violation occurred after November 2, 2015.

Access the updated DOL penalties.

Fired for Not Getting the COVID Vaccine? A Reality for Some, but Not All

by Michelle S. Strowhiro | Apr 5, 2022 | Employee Benefits, Employment, Health and Welfare Plans, Labor

Many employers will likely encourage vaccination rather than mandate it. In this Ladders article, McDermott Partner Michelle Strowhiro notes the administrative burdens associated with tracking mandatory employee vaccination.

Access the article.

OSHA Reaffirms Arrival of Permanent Healthcare Industry COVID-19 Standard

by Abigail M. Kagan, Evie Atwater and Lindsay Ditlow | Mar 31, 2022 | Employee Benefits, Employment, Health and Welfare Plans, Labor

On March 22, 2022, the US Occupational Safety and Health Administration (OSHA) announced a limited reopening of the rulemaking record for the COVID-19 emergency temporary standard for the healthcare industry, originally published on June 21, 2021 (the Healthcare ETS). OSHA will hold an informal public hearing to gather additional information from healthcare industry stakeholders. With the announcement, OSHA reaffirmed its plans to publish a permanent COVID-19 safety standard (i.e., regulation) for the healthcare industry later this year.

Read more here.

COVID-19 Vaccine Exemptions as Easy as Copy and Paste

by Michelle S. Strowhiro | Mar 29, 2022 | Employee Benefits, Employment, Health and Welfare Plans

The federal government’s COVID-19 vaccine mandate has spurred an uptick in religious exemption requests. In this Politico article, McDermott Partner Michelle Strowhiro explains how some workers are copying and pasting exemption documents from anti-vaccine websites.

“The religious exemption is not a tough standard for a worker to submit,” Strowhiro said. “There can be a level of people making things up, unfortunately.”

Access the article.

New York State Ends COVID-19 HERO Act Designation

by Abigail M. Kagan and Lindsay Ditlow | Mar 24, 2022 | Employee Benefits, Employment, Health and Welfare Plans

On March 17, 2022, New York State’s Commissioner of Health ended the designation of COVID-19 as an airborne infectious disease that presents a serious risk of harm to public health under the New York Health and Essential Rights (HERO) Act. As of that date, private sector employers in New York State are no longer required to implement their workforce safety plans.

Read more here.

COVID-19 Response in Jeopardy amid Congressional Inaction

by Rodney Whitlock | Mar 23, 2022 | Employee Benefits, Health and Welfare Plans

Congressional inaction may prevent a more robust federal government COVID-19 response, according to this Washington Post article. A $15 billion COVID-19 funding bill recently collapsed in Congress, potentially crippling testing, treatment and vaccine access. McDermott+Consulting’s Rodney Whitlock said not enough “spadework” was done to get compromises across the finish line.

Read more here.

Trump-Era Medicare Program Under Increased Scrutiny

by Mara McDermott | Mar 17, 2022 | Digital Health, Employee Benefits, Health and Welfare Plans

A Trump administration-era Medicare program is under increased scrutiny from progressive Democrats. According to this Politico article, the program is a “direct contracting model” that allows private companies to participate in Medicare. Some Democrats, however, say the program is opening up a lane for Medicare privatization.

“There’s a dynamic with the left that [the Center for Medicare & Medicaid Innovation] [has] to deal with for sure,” said McDermott+Consulting’s Mara McDermott.

Access the article.

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