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Cyber Insurance 2023 Market Outlook

  Evolving technology, increasing threat vectors, and growing attacker sophistication have continued to drive up both the frequency and severity of cyber incidents, resulting in an ongoing rise in cyber insurance claims and subsequent underwriting losses. Amid these market conditions, most policyholders experienced higher cyber insurance rates throughout 2022. In addition to increased premiums, insureds…

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Environmental, Social, and Governance (ESG)

 

Environmental, social, and governance (ESG) factors are often considered by socially conscious investors when evaluating companies on sustainability and social conscientiousness. While ESG metrics can be hard to measure, the risks surrounding them are increasing. As consumer, investor, and shareholder action increasingly focus on ESG, companies and their directors and officers (D&Os) must proactively address…

 

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Employee Benefits 2023 Market Outlook

 

The Employee Benefits Market Outlook examines critical employee benefits topics and trends, delivering insights into the market and forecasting where the industry may be headed in 2023 and beyond. Before addressing future trends, it’s critical to understand the central themes from 2022 that laid the groundwork for this year. To that end, the Market Outlook…

 

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Property & Casualty 2023 Market Outlook

 

A Shifting Market Since 2019, the commercial insurance sector has been grappling with a hard marketplace that is notably less friendly to insurance buyers. Such challenging conditions were brought on by a confluence of factors that led insurance companies to reevaluate their positions in the industry. After all, the increased frequency and severity of claims,…

 

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COVID-19 News

Access our COVID-19 (Coronavirus) news center.

News.

6 HR Trends to Monitor in 2024

In today’s dynamic market, HR professionals are tasked with adapting to the changing expectations of organizations and employees, particularly in challenging economic conditions. In 2024, proactive HR leaders and professionals will implement strategies that incorporate AI into everyday operations, meet evolving compliance standards, and prioritize their workforce’s needs and aspirations. Organizations can foster a more…

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Commercial Insurance 2024 Market Outlook

Throughout 2023, the commercial insurance space became an increasingly complex environment. Mirroring other areas of the economy, the sector encountered continued volatility within the past year. Shifting market dynamics, new capacity, and optimal underwriting results in some lines of coverage set the stage for improved conditions and premium deceleration. On the other hand, headwinds facing…

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Compliance 2024 Outlook

2023 presented employers with many new and difficult compliance challenges, including federal and state laws and regulations expanding worker protections, widespread adoption of artificial intelligence (AI) in the workplace, and increased enforcement actions by federal agencies. Employers have had to respond as courts and federal agencies addressed several hot-button issues. In addition to these novel…

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Employee Benefits 2024 Market Outlook

In 2023, employers were forced to confront new and enduring challenges, including rising healthcare costs, regulatory changes, ongoing high inflation, a competitive labor market, and growing employee demands. For many organizations, these challenges resulted in a difficult and demanding year. While many of these difficulties will likely continue through 2024 and beyond, understanding these challenges…

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Cyber Insurance 2024 Market Outlook

Increasing cyber insurance claim frequency and severity have generated a volatile risk environment in recent years, with most policyholders facing continued premium hikes. Fortunately, the segment experienced underwriting profitability in 2022, allowing for conditions to soften during 2023. Yet, many insureds are still experiencing coverage restrictions, scrutiny from underwriters regarding cybersecurity practices and exclusions for…

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ACA Preventive Care Guidance and FAQs Following Braidwood Decision

On April 13, 2023, the Departments of Labor, Health and Human Services, and the Treasury (Departments) issued frequently asked questions (FAQs) regarding the Affordable Care Act’s (ACA) preventive care coverage requirement. The Departments issued these FAQs in response to a recent court decision from Texas (Braidwood Management Inc. v. Becerra) that invalidated a portion of…

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Work-life Balance Considerations Post Coronavirus

The coronavirus pandemic has sparked one of the largest social experiments in history. Virtually overnight, businesses across the world have been forced to rethink how they operate. Decisions made during this uncertain period will resonate for years and may serve as the base for a new, remote lifestyle post-coronavirus. Employee work-life balance is especially important…

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Environmental, Social, and Governance (ESG)

Environmental, social, and governance (ESG) factors are often considered by socially conscious investors when evaluating companies on sustainability and social conscientiousness. While ESG metrics can be hard to measure, the risks surrounding them are increasing. As consumer, investor, and shareholder action increasingly focus on ESG, companies and their directors and officers (D&Os) must proactively address…

Read more

Employee Benefits 2023 Market Outlook

The Employee Benefits Market Outlook examines critical employee benefits topics and trends, delivering insights into the market and forecasting where the industry may be headed in 2023 and beyond. Before addressing future trends, it’s critical to understand the central themes from 2022 that laid the groundwork for this year. To that end, the Market Outlook…

Read more

Property & Casualty 2023 Market Outlook

A Shifting Market Since 2019, the commercial insurance sector has been grappling with a hard marketplace that is notably less friendly to insurance buyers. Such challenging conditions were brought on by a confluence of factors that led insurance companies to reevaluate their positions in the industry. After all, the increased frequency and severity of claims,…

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Behavioral Telehealth Loses Momentum Without a Regulatory Boost

  JANUARY 10, 2023 [UPDATED on Jan. 11] Controlled substances became a little less controlled during the pandemic. That benefited patients (for their health) and telehealth startups (to make money). Some potentially addictive medications — like buprenorphine and Adderall — are now far more available online to patients because of regulatory changes. Given the scarcity…

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5 Mental Health Employee Benefits Trends for 2023

Between the COVID-19 pandemic, inflation, and evolving job duties, more employees are experiencing mental health challenges. A 2022 Lyra survey revealed that 84% of employees experienced at least one mental health challenge over the past year. They’re feeling anxious, burnt out, stressed and depressed. As such, organizations are expected to take more responsibility for workers’…

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HHS Extends Public Health Emergency until April 11, 2023

On January 11, 2023, the Secretary of Health and Human Services (“HHSâ€) renewed the COVID-19 pandemic Public Health Emergency. This will again extend the Public Health Emergency Period (the “Emergency Periodâ€) for an additional 90 days, and as a result, numerous temporary benefit plan changes will remain in effect.    Important Definitions  Emergency Period  HHS…

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Human Resources Trends to Monitor in 2023 

Just as HR professionals quickly adapted to changes at the height of the pandemic, they must now adapt and respond to today’s evolving expectations of organizations and employees. As such, savvy HR leaders and professionals will approach 2023 with human-centric strategies that holistically support and benefit workers. Organizations will benefit from putting people first and…

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Employers Use Patient Assistance Programs to Offset Their Own Costs

DECEMBER 6, 2022 Anna Sutton was shocked when she received a letter from her husband’s job-based health plan stating that Humira, an expensive drug used to treat her daughter’s juvenile arthritis, was now on a long list of medications considered “nonessential benefits.†The July 2021 letter said the family could either participate in a new…

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H.R.5376 – Inflation Reduction Act of 2022

  How the Inflation Reduction Act Will Help Small Businesses September 12, 2022 By signing the Inflation Reduction Act, President Biden is delivering on his promise to build an economy that works for working families and small businesses. The Inflation Reduction Act makes urgent investments to lower prescription drug, health care, and energy costs to create…

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COBRA Subsidy Provisions of the American Rescue Plan Act  

The American Rescue Plan Act (ARPA), signed into law March 11, 2021, provides a 100% subsidy of premiums for employer-sponsored group health insurance continued under the Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA) and similar state continuation of coverage (mini-COBRA) programs. ARPA subsidies cover the total cost of COBRA or mini-COBRA premiums from April…

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Paycheck Protection Program Loans FAQs

PPP Frequently Asked Questions (FAQs) The Small Business Administration (SBA), in consultation with the Department of the Treasury, intends to provide timely additional guidance to address borrower and lender questions concerning the implementation of the Paycheck Protection Program (PPP), including both First Draw PPP Loans and Second Draw PPP Loans. Appropriate agencies will update information…

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American Rescue Plan Overview

Understanding the $1.9 Trillion American Rescue Plan The $1.9 trillion relief bill, known as the American Rescue Plan, has been signed into law by President Joe Biden. Highlights of the bill include extended unemployment benefits, direct checks to individuals, and more. While Congress changed some of the ARP bill, it’s mainly similar to the House’s…

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Exchange Special Enrollment Provided Due to COVID-19

On Jan. 28, 2021, the Centers for Medicare & Medicaid Services (CMS) announced a new special enrollment period (SEP) due to the coronavirus (COVID-19) pandemic through Exchanges using the federal www.HealthCare.gov platform. States operating their Exchange platforms are strongly encouraged to make a similar SEP available in their states. Overview of the COVID-19 SEP Starting…

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DOL Issues New Q&As About FFCRA Leave Requirements

The U.S. Dept. of Labor (DOL) has issued two additional Q&As regarding employee leave under the Families First Coronavirus Response Act (FFCRA).   Q&As 104 and 105 were issued on December 31, 2020. They address employees’ entitlement to FFCRA leave after December 31, 2020, and their right to payment for FFCRA leave taken before December…

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SBA’s PPP Portal Opens for Second Round of Loans

The U.S. Department of Treasury and the U.S. Small Business Administration (SBA) recently announced that beginning Monday, January 11, applications would be accepted for the second round of loans in the SBA’s Payment Protection Program (PPP). This second round includes $284 billion in funding allocated for the PPP in the stimulus bill passed on December 27, 2020.…

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COVID-19 Vaccination FAQs

The Centers for Disease Control and Prevention (CDC) has prepared a list of FAQs to educate the public on various aspects of COVID-19 vaccination. This article features some of these FAQs.   Vaccine Development   How many COVID-19 vaccines are under development?   Currently, two vaccines are authorized and recommended to prevent COVID-19:   Pfizer-BioNTech COVID-19 vaccine…

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DOL Issues RFI on Paid Family and Medical Leave

The U.S. Department of Labor (DOL) seeks information from the public about the effectiveness of paid employee family and medical leave. In a Request for Information (RFI) issued July 15, 2020, the DOL said it intends to gather information about the effectiveness of current state- and employer-provided paid leave programs, and how access (or lack…

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DOL Issues Revised Optional FMLA Forms

The Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) has revised the forms employers and employees may use to meet their notification and certification obligations under the federal Family and Medical Leave Act (FMLA).   In a July 16, 2020, statement announcing the changes, the DOL said the forms were revised…

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IRS Issues FFCRA W-2 Reporting Guidance

July 17, 2020 | FFCRA Update   The IRS issued Notice 2020-54 to help employers properly report 2020 emergency paid sick leave and expanded family medical leave wages paid to employees under the Families First Coronavirus Response Act (“FFCRAâ€). Employers with less than 500 employees who provided benefits under either leave program will need to…

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Departments Issue FAQ Part 43 on COVID-19

On June 23, 2020, the Departments of Labor, the Treasury, and Health and Human Services (“HHSâ€) (collectively, “the Departmentsâ€) issued FAQ Part 43, which includes certain guidance on the Families First Coronavirus Response Act (“FFCRAâ€) and the Coronavirus Aid, Relief, and Economic Security Act (“CARES Actâ€), as well as other COVID-19 health plan issues.  …

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Cyber Criminals Seeking to Capitalize on Coronavirus

Criminals prey on unfortunate circumstances, seeking to capitalize on victims during times of panic and hardship. Unfortunately, the coronavirus disease 2019 (COVID-19) pandemic is no exception. The Cybersecurity and Infrastructure Security Agency (CISA), part of the U.S. Department of Homeland Security, told individuals to be vigilant about scams related to COVID-19. Cybercriminals have been known…

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5 Tips for Onboarding Employees Remotely During the Coronavirus Pandemic

The coronavirus disease 2019 (COVID-19) pandemic has caused employers to make significant changes to their business practices, including onboarding. Managers and new hires across the country are navigating the unchartered waters of remote onboarding.  The onboarding process—which is designed to cultivate a long-term relationship between the employer and the employee while fostering a feeling of…

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CDC Guidance for Employees Following a COVID-19 Diagnosis or Exposure

On April 4, 2020, the Centers for Disease Control and Prevention (CDC) issued guidance for discontinuing home isolation following a COVID-19 diagnosis. The CDC also issued guidance for what essential workers should do following exposure to COVID-19.   CDC Guidance for Discontinuing Isolation Following a COVID-19 Diagnosis  The decision to discontinue isolation should be made…

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Engaging Remote Employees During the Coronavirus Pandemic

The coronavirus disease 2019 (COVID-19) pandemic has caused unprecedented changes for many industries. As social distancing is encouraged, gatherings with over ten people are banned, and stay-at-home or shelter-in-place orders for all nonessential employees are issued. Many employers ask their employees to work from home.  For some employees, working from home is business as usual.…

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COVID-19 Relief Extends Certain Employee Benefit Plan Deadlines

On April 28, 2020, the Departments of Labor (DOL) and the Treasury (Departments) issued deadline relief to help employee benefit plans, plan participants, and plan service providers impacted by the COVID-19 outbreak. This Compliance Overview summarizes the participant deadline extensions affecting COBRA continuation coverage, special enrollment periods, claims for benefits, appeals of denied claims, and…

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EEOC Updates Employer Guidance on Coronavirus and the ADA

On June 17, 2020, the Equal Employment Opportunity Commission (EEOC) issued an additional answer to frequently asked questions (FAQs) about how employers should comply with the Americans with Disabilities Act (ADA) while also observing all applicable emergency workplace safety guidelines during the coronavirus pandemic. The new FAQ, which addresses antibody tests (see A.7), was added…

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Workers’ Compensation Changes for COVID-19

Under most state workers’ compensation (WC) laws, COVID-19 may be a compensable, work-related condition only if an employee can show that:  He or she contracted coronavirus while performing services growing out of and incidental to their employment; and  The disease arose out of that employment (work-relatedness).    As of June 30, 2020, however, several states…

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OSHA Guidance for Reopening Nonessential Businesses

  On June 18, 2020, the Occupational Safety and Health Administration (OSHA) released guidance to help employers plan how to reopen nonessential businesses. The guidance also addresses issues employers should consider as they ask their employees to return to work during the COVID-19 pandemic. OSHA’s publication of guidelines for reopening nonessential businesses includes charts, examples,…

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Common Employment Practices Claims Arising Out of COVID-19

The uncertainty wrought by COVID-19 has left employers at an increased risk of exposure to employment-related claims alleging wrongful termination, discrimination, retaliation, and harassment, among others.   As COVID-19 continues to spread throughout the United States, there has been a massive upheaval of the American workplace. Employers have found themselves drafting and implementing policies and…

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Prevent Worker Exposure to Coronavirus (COVID-19)

The novel coronavirus (officially called COVID-19) is believed to spread from person-to-person, primarily through respiratory droplets produced when an infected person coughs or sneezes. The virus is also believed to spread by people touching a surface or object and then touching one’s mouth, nose, or possibly the eyes. Employers and workers should follow these general…

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DOL Issues Regulations for FFCRA Paid Leave

  The U.S. Department of Labor (DOL) has issued temporary regulations to implement the paid leave mandates of the Families First Coronavirus Response Act (FFCRA). The regulations provide direction for administration of the Emergency Paid Sick Leave Act (EPSLA) and the Emergency Family and Medical Leave Expansion Act (EFMLEA).   This action is intended to…

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DOL Issues Corrections to FFCRA Regulations

The regulations, published April 6, 2020, clarify and explain the employee leave provisions under the FFRCA’s Emergency Family and Medical Leave Expansion Act (EFMLEA) and Emergency Paid Sick Leave Act (EPSLA). While the corrections mainly address minor drafting errors in the regulations, some of the changes may impact employers’ implementation of the law. Substitution of…

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Families First Coronavirus Response Act—Questions and Answers

As part of sweeping legislation—the Families First Coronavirus Response Act (FFCRA)—signed into law by President Trump on March 18, 2020, two laws were enacted that provide workers with paid leave for reasons related to the coronavirus (COVID-19) pandemic. The “Emergency Family and Medical Leave Expansion Act†allows 12 weeks of partially compensated FMLA leave to…

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Overtime Pay Consequences of Common Employee Benefits

On December 16, 2019, the Wage and Hour Division of the U.S. Department of Labor (DOL) published final regulations on “regular rate of pay†for overtime pay purposes under the Fair Labor Standards Act (“FLSAâ€). The final regulations address common employer-provided benefits as well as other workplace practices, which were not specifically addressed in previous…

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Proposed Rules Clarify Individual Coverage HRAs

On September 30, 2019, the IRS published proposed regulations to clarify the application of the employer mandate under the Affordable Care Act (“ACA”) and certain nondiscrimination rules under the Internal Revenue Code (“Code”) Section 105(h) to health reimbursement arrangements (“HRAs”) integrated with individual health insurance coverage (individual coverage HRAs, or “ICHRAs”). Notably, the proposed regulations…

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CMS Disclosure Requirement for Employer Health Plans

Background The Centers for Medicare and Medicaid Services (CMS) is a federal agency that collects data and administers various federal programs. The agency utilizes the CMS online tool to  collect information from employers about whether their group health plan’s prescription drug coverage is creditable or non-creditable. Creditable coverage means the group health plan’s prescription drug…

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HHS Moves for More Drug Price Transparency

Beginning in May of last year, the Trump administration began searching for ways to curb out- of-control prescription drug costs—referring to the initiative as American Patients First. This effort is finally seeing some traction, with the administration publishing its first final rule on the matter. Drug companies will now be “… required to disclose to…

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Proposed Rules Would Require Hospitals to Publish Retail Prices for Health Care Services

On Monday, July 29, 2019, the Centers for Medicare and Medicaid (CMS) proposed rules that would require all Medicare-participating hospitals to post their negotiated prices for standard health care services. The Outpatient Prospective Payment System (OPPS) & Ambulatory Surgical Center (ASC) proposed rule is intended to increase pricing transparency and help consumers understand the charges…

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New Executive Order Addresses Healthcare Issues

On June 24, 2019, President Trump issued an Executive Order (“EOâ€) directing the relevant federal agencies to issue regulations or other guidance to make available more meaningful information related to the price and quality of healthcare. This summary highlights aspects of the EO that may be relevant to employer-sponsored group health plans and their covered…

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New Jersey Small Employer Stop Loss Bill

A bill has been introduced in New Jersey in both the Senate and Assembly that, if passed, would prohibit insurance carriers or other insurers subject to the insurance laws of New Jersey or any other state from offering, issuing or renewing any stop loss insurance policy of any kind to small employers. Stop loss insurance…

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Court Strikes Down Association Health Plan Rules

On March 28th, 2019, a Federal District Court in the District of Columbia struck down significant portions of the Department of Labor’s (DOL’s) Association Health Plan (AHP) Final Rule. Specifically, the Court found the DOL “failed to reasonably interpret†ERISA when issuing these rules by: expanding the definition of “employers†to include disparate groups of…

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ACA Legal Challenges Continue

Apr 2019 – This article is intended to provide you with an update on current legal challenges to invalidate the ACA. There is no immediate impact to employer-sponsored health plans or other requirements under the ACA.   In 2018, a Texas Court ruled in favor of 20 Republican state attorneys general (“AGsâ€) to invalidate the…

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Court Strikes Down Association Health Plan Rules

On March 28th, 2019, a Federal District Court in the District of Columbia struck down significant portions of the Department of Labor’s (DOL’s) Association Health Plan (AHP) Final Rule. Specifically, the Court found the DOL “failed to reasonably interpret†ERISA when issuing these rules by: expanding the definition of “employers†to include disparate groups of…

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Short-Term Limited Duration Health Insurance Analysis

A new Kaiser Family Foundation analysis of short-term, limited duration (STLD) health plans for sale through two major national online brokers finds big gaps in the benefits they offer. Through an executive order and proposed new regulations, the Trump Administration is seeking to encourage broader use of short-term, limited duration health plans as a cheaper…

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The ACA Undergoes a New Legal Challenge

Several states have lodged a legal challenge to the entire Affordable Care Act (“ACAâ€) on the basis that the lack of an Individual Mandate tax makes the remaining provisions unconstitutional. While the Administration is not intervening, several other states are, defending the ACA’s sustainability without the Individual Mandate tax. No resolution to the legal questions…

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DOL Penalties Increase for 2018

In 2015, Congress passed the Federal Civil Penalties Inflation Adjustment Act of 2015 (the “Inflation Adjustment Actâ€) to direct federal agencies to adjust the civil monetary penalties for inflation every year. Civil penalties ensure compliance with federal regulation by incentivizing employers not to violate federal regulation and providing federal agencies the power to ensure compliance.…

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House Passes Legislation to Improve HSAs

The House of Representatives passed two pieces of legislation that, among other things, purport to improve and “modernize†health savings accounts (“HSAsâ€).     While the bills call for significant changes to the current rules affecting HSAs, the specific details are very different.   Summary of Proposed Changes   H.R. 6199 would: Exclude a direct…

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New Jersey Out-of-Network Bill

On June 1, 2018, New Jersey Gov. Murphy passed the Out-of-Network Consumer Protection, Transparency, Cost Containment and Accountability Act (the “OON Actâ€). In general, the OON Act applies to emergency services and other care provided by out- of-network physicians in in-network settings (i.e. hospital-based physicians). It takes effect on September 1, 2018.   The Act…

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FBI Urges Consumers to Reset Their Routers to Prevent a Malware Attack

Recently, researchers at Talos—a cyber intelligence unit of Cisco—warned consumers of malware (malicious software) that specifically targets networking devices. The malware, which is known as VPNFilter, impacts an estimated 500,000 routers worldwide, particularly targeting devices from the following manufacturers: Linksys MikroTik Netgear QNAP TP-Link         Once on your equipment, the malware could…

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AmeriHealth New Jersey Lab Update for May 2018

AmeriHealth New Jersey Laboratory Network Update   As a reminder, effective May 1, 2018, LabCorp Corporation of America® Holdings (LabCorp) will become the exclusive outpatient lab for all AmeriHealth HMO, Inc. and AmeriHealth Insurance Company of New Jersey (collectively AmeriHealth New Jersey) commercial HMO, HMO Plus, POS, POS Plus, PPO, EPO, and self-funded business. As…

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Aftermath of WannaCry Ransomware

The WannaCry ransomware that has spread across 150 countries since Friday has appeared to slow down, but employees starting the workweek should be careful, as the effects in the United States are yet to be determined.   WannaCry locks users out of their computers by exploiting a vulnerability in outdated versions of Microsoft Windows. It…

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DOL Sues Health Plan Alleging Compliance Failures

On August 16, 2017, the Department of Labor (“DOLâ€) led a lawsuit against Macy’s Inc. Health and Welfare plan (and its third party administrators) under ERISA Title I.   Specifically, the complaint alleges: The health plan and its fiduciaries failed to follow the written terms of the health plan’s Summary Plan Description (SPD) when reimbursing…

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Independence and University of Pennsylvania

Independence Blue Cross (Independence) and University of Pennsylvania Health System (UPHS) have signed an innovative, five-year contract that strengthens both organizations’ emphasis on coordinated patient care, exchange of critical data, and shared accountability for both quality and cost of care. Independence Blue Cross

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