As we previously discussed in our article, the American Rescue Plan Act of 2021 (“ARPA”) provides that eligible multiemployer pension plans (“MEPPs”) can receive special financial assistance (“SFA”) to cover plan benefits through the 2051 plan year. As directed
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Supreme Court Rejects Challenges to the Affordable Care Act in Texas v. California
On June 17, 2021, the Supreme Court rejected another attempt to dismantle the Patient Protection and Affordable Care Act (“ACA”) in its highly-anticipated decision in Texas v. California. However, instead of ruling on the central issue in the case—whether
Department of Labor Interprets Regulations Concerning Production of Audio Recordings and Transcripts of Phone Calls in Adverse Benefit Determinations
On June 14, 2021, the Department Labor (“DOL”) issued Information Letter 06-14-2021 to address whether ERISA requires plan fiduciaries to produce audio recordings and transcripts of telephone conversations between plan insurers and claimants.
The issue arose from a plan insurer’s
PBGC Issues Interim Final Rule on Special Financial Assistance Available to Financially Troubled Multiemployer Pension Plans
The Pension Benefit Guaranty Corporation (“PBGC”) released its highly-anticipated interim final rule (the “IFR”) on July 9, 2021, providing methodology for calculating the amount of special financial assistance (“SFA”) available to certain financially troubled multiemployer pension plans (“MEPPs”) under the
Federal Agencies Release Interim Final Surprise Billing Regulations
On July 1, 2021, the U.S. Department of Health and Human Services (“HHS”), Department of Labor, Internal Revenue Service, and Office of Personnel Management issued their first installment of interim final surprise billing regulations. As explained in a prior post
CRS Releases Report on Multiemployer Defined Benefit Pension Plans Potentially Eligible for Relief Under ARPA
On Friday, May 28, 2021, the Congressional Research Service (“CRS”) released its analysis of Multiemployer Defined Benefit Pension Plans (“MEPPs”) that are potentially eligible for special financial assistance under the American Rescue Plan Act, 2021 (“ARPA”). As we previously discussed
HHS Restores Transgender, LGBTQ+ Health Care Protections
The Department of Health and Human Services has stated that it will restore transgender and LGBTQ+ health care protections. Under the Trump Administration, HHS had defined the term “sex” narrowly to mean gender assigned at birth. This had the consequence
IRS Issues FAQs on COBRA Subsidy
On Tuesday, May 18, 2021 the IRS issued Notice 2021-31 providing 86 FAQs related to premium assistance for COBRA benefits under the American Rescue Plan Act, 2021. The full text version of the FAQs is available below. These provide additional
IRS Temporarily Permits E-signature of 83(b) Elections
On April 15, 2021, in response to the ongoing COVID-19 situation, the U.S. Internal Revenue Service (IRS) issued a temporary deviation from the handwritten signature requirement for a limited list of tax forms, including elections under Section 83(b) of the
Washington Employers Must Act Now to Stay Ahead of New Long-Term Care Act
In 2019, Washington passed the first law in the nation requiring employees to fund a state-operated long-term care insurance program. The program, codified at RCW 50B.04 and set to begin on January 1, 2025, will be funded by an uncapped