HHS Issues Proposed Regulation Revising the PHI Disclosure Accounting Requirements under HIPAA
On May 31, 2011, the Department of Health and Human Services (“HHS”) issued a proposed regulation that changes the requirements under the Health Insurance Portability and Accountability Act (“HIPAA”) for health plans and other HIPAA covered entities to provide individuals with an accounting of disclosures of their Protected Health Information (“PHI”). Under the proposed regulation, […]
New York Health Insurers to Refund Millions to Policy Holders
As part of implementing federal health reform, New York State has adopted a law requiring insurance plans in the small group markets to spend 82 cents of every premium dollar received on medical services, and plans in the large group market to spend 85 cents of every premium dollar received. Insurers that do not meet […]
United States Supreme Court Expands Types of Relief Available to ERISA Plan Participants and Beneficiaries
In CIGNA Corp. v. Amara, the Supreme Court recently reviewed whether Section 502(a)(1)(B) of ERISA, which states that a participant or beneficiary may bring a civil action under ERISA to recover benefits due him under the terms of the plan, gives a court authority to reform plan terms to comply with the terms of a […]
United States Supreme Court to Hear Arguments Regarding Constitutionality of Key Health Reform Provision
On November 14, 2011, the Supreme Court announced that it will review a decision from the U.S. Court of Appeals for the Eleventh Circuit, holding the Patient Protection and Affordable Care Act’s individual mandate unconstitutional. The individual mandate, which would require citizens to have health insurance in place or pay a penalty, is scheduled to […]
PBGC Announces Delinquent Premium Payment Penalty Relief Window
On February 9, 2012, the Pension Benefit Guaranty Corporation (“PBGC”) announced a limited voluntary compliance window for covered defined benefit plans that have never paid required premiums. The relief allows affected plans to pay past-due premiums without any premium payment penalties or information penalties for failure to timely file premium information. To qualify for the […]
DOL’s Recent LM-30 Regulations Return to Historical Position Regarding Employee Benefit Plan Reporting
On October 26, 2011, the Office of Labor-Management Standards (“OLMS”) issued final regulations concerning reports made by labor organization officers and employees (“Form LM-30”). The regulations, which are effective November 25, 2011, return to the Department’s historical position of not requiring officials to report on payments that they receive from trusts, or as a general […]