On March 16, 2010, the Department of Labor (“DOL”) issued new COBRA model notices and a revised COBRA Premium Reduction Fact Sheet to reflect the changes that the Temporary Extension Act of 2010 (“TEA”) made to the premium reduction available under the American Recovery and Reinvestment Act of 2009 (“ARRA”). ARRA generally requires plan sponsors […]

On February 2, 2010, Interim Final Rules (the “Regulations”) under the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (the “Act”) were issued by the Internal Revenue Service, the Department of Labor and the Department of Health and Human Services. These Regulations amend the Internal Revenue Code, the Employee […]

It has been a busy year for plan sponsors and administrators trying to keep track of legislation and regulations affecting health and welfare plans. To help you stay on track, we have summarized a number of these laws and regulations in this year-end summary. Be sure to carefully review your plans and administrative procedures to […]

Title I of the Genetic Information Nondiscrimination Act of 2008 (“GINA”) prohibits group health plans, health insurance issuers, and issuers of Medicare supplemental policies from discriminating against an individual based on his or her genetic information. On October 7, 2009, interim final regulations under Title I of GINA (“interim regulations”) were published jointly by the […]

On August 24, 2009, the Department of Heath and Human Services (“HHS”) published its highly anticipated guidance on the requirement to provide notification of breaches of unsecured protected health information, which was enacted under the Health Information Technology for Economic and Clinical Health (“HITECH”) Act part of the American Recovery and Reinvestment Act of 2009 […]

The presence or absence of discretionary clauses in employee benefit plans has been the key factor in determining the applicable standard of review in ERISA benefit claims litigation since the U.S. Supreme Court’s 1989 decision in Firestone Tire and Rubber Co. v. Bruch. Since February 2004, the California Department of Insurance (“DOI”) has prohibited insurance […]

The American Recovery and Reinvestment Act of 2009 (“ARRA”), signed into law by President Obama on February 17, 2009, significantly expands the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Privacy and Security requirements. The new requirements will generally be effective on February 17, 2010; however the increased penalty provisions are effective now. The […]

The April 18, 2009 deadline for distributing the notice describing the new COBRA premium reduction and COBRA extended election period available under the American Recovery and Reinvestment Act of 2009 (“ARRA”) has passed, and many employers and plans will begin receiving and administering requests for the premium reduction over the next few weeks. Both the […]

On March 9, 2009, the U.S. Court of Appeals for the Ninth Circuit (the “Court”) denied a petition for rehearing en banc of the September 30, 2008 ruling by a three-judge panel of the Court in Golden Gate Restaurant Association v. City and County of San Francisco that the San Francisco Health Care Security Ordinance […]

On February 4, 2009 President Obama signed the Children’s Health Insurance Program Reauthorization Act of 2009 (the “Act”) into law. The State Children’s Health Insurance Program (previously referred to as “SCHIP” and now as “CHIP”) is a joint federal and state program intended to provide health coverage for lowincome children and pregnant women who have […]

On February 17, 2009, President Obama signed the American Recovery and Reinvestment Act of 2009 (the “Act”). This economic stimulus package includes the following three new rights for qualified beneficiaries who become eligible for COBRA coverage following an involuntary termination of employment which occurs at any time during the period from September 1, 2008 through […]

On October 17, 2008, the Massachusetts Health Insurance Connector Authority (“Connector”) issued final regulations establishing minimum creditable coverage standards for health plans. These final regulations are effective January 1, 2009. Background Pursuant to the Massachusetts Health Care Reform Act (the “Act”), which became effective July 1, 2007, Massachusetts residents age 18 and older must have […]

On September 30, 2008, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit ruled that the San Francisco Health Care Security Ordinance (“Ordinance”) is not preempted by ERISA, in Golden Gate Restaurant Association v. City and County of San Francisco. This decision reverses the District Court’s ruling, issued on December 26, […]

On May 21, 2008, in an effort to protect individuals from discrimination on the basis of their genetic information, President Bush signed into law the Genetic Information Nondiscrimination Act (“GINA”) (H.R. 493). One of the primary goals of GINA is to promote genetic research by reducing fears that an individual’s genetic information may be used […]

On January 28, 2008, President Bush signed the National Defense Authorization Act for Fiscal Year 2008 (the “Act”) (Pub. L. 110–181). The Act amends the Family and Medical Leave Act of 1993 (“FMLA”) to provide for two new types of leave for eligible employees who are family members of servicemembers. The Act provides an eligible […]