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We recognize that many of our clients sponsor ERISA welfare benefit plans and are currently undergoing their open enrollment process and issuing related participant communications. To assist our clients with that process, we have prepared an Automatic Participant Disclosures Checklist for use during open enrollment and throughout the plan year. If you have questions regarding the information in this checklist, please contact any of the attorneys in our Employee Benefits Practice Group. Download Document
Bass, Berry & Sims invites you to a complimentary seminar focusing on trending areas of labor & employment law. Topics will include: FMLA/ADA Considerations for Leaves of Absence: A practical, scenario-based discussion regarding extended leaves of absence and how they are regulated by application of the FMLA and the ADA, including a detailed discussion of the EEOC’s position with respect to extended leave as a reasonable accommodation. Preventing and Addressing Workplace Violence: A comprehensive discussion of workplace violence,…
Bass, Berry & Sims and HR Professionals Magazine invite you to join us for a complimentary seminar focused on addressing, reducing and preventing sexual harassment claims in the workplace. Harassment Law Refresher: A high-level review of harassment law. Conducting Effective Internal Investigations: A discussion of best practices for conducting internal investigations into harassment claims. The “Company Culture” Issue – How to Reduce Harassment in the Workplace: Strategies for reducing harassment in the workplace and developing a…
The U.S. Government Accountability Office (GAO) recently published four protest decisions that were all denied due to timeliness issues. This string of cases serves as a reminder that no matter how strong a protest’s basis may be, if it is not timely filed with GAO; then the protest will most likely be dismissed. GAO’s regulations set strict deadlines for filing protests at GAO. These rules reflect GAO’s dual requirements of (1) giving parties a fair…
In an unsurprising move, the Department of Labor (DOL) postponed the applicability date of the fiduciary rule on April 4 for an additional 60 days.  The new applicability date for the rule is June 9, 2017, although the DOL may choose to push that date back even further.  The extra time was added just days before the fiduciary rule was set to go into effect and gives the DOL additional time to consider revisions.  The…
Last week, President Trump issued a memorandum directing the Department of Labor (DOL) to reconsider implementation of the fiduciary rule. The fiduciary rule, which widens the scope of who is considered a “fiduciary” of an employee benefit plan under ERISA and under what circumstances an advisor provides “investment advice,” has been met with considerable criticism in some circles. Many expected President Trump to delay or overturn the rule, but at least initially, he has declined…
To help stabilize the individual insurance market, Section 1341 of the Affordable Care Act introduced the Transitional Reinsurance Program (TRP), which includes the collection of a TRP fee from “contributing entities” for 2014, 2015 and 2016 to fund the program.  The reporting for 2016 (the final year that the TRP fee is applicable) is due by November 15, 2016. Who has to pay the fee? “Contributing entities” are required to pay the TRP fee…
I authored an article for Bloomberg BNA outlining the details of the Small Business Administration’s (SBA) new Limitation on Subcontracting rule. This new rule limits the definition of a “similarly situated entity” to first-tier subcontractors. As I point out in the article, “[w]ith the option to team with other similarly situated entities, working essentially as one for the purposes of the Limitation on Subcontracting rule, small businesses now are in a much better position to meet the increasingly…
Texas-based hospital chain Tenet Healthcare Corporation and two of its Atlanta-area hospitals, Atlanta Medical Center and North Fulton Hospital, have agreed to pay more than $513 million to resolve civil and criminal claims related to violations of the federal False Claims Act (FCA) and Anti-Kickback Statute (AKS). Settlement of the underlying cases, which are styled U.S. ex rel. Williams v. Health Management Associates Inc., No. 3:09-cv-00130 (M.D. Ga.) and U.S. v. Atlanta Medical Center, Inc.…
We recognize that many of our clients sponsor ERISA welfare benefit plans and are currently undergoing their open enrollment process and issuing related participant communications. To assist our clients with that process, we have prepared an Automatic Participant Disclosures Checklist for use during open enrollment and throughout the plan year. Please note that many of the disclosure requirements, links, and/or other information provided in the checklist may change from time to time; therefore, please check…