August 15, 2019

What is a “Functional” Fiduciary?

ERISA’s Fiduciary Duties Understanding the nature of an ERISA benefit-plan-fiduciary is a big deal; naming fiduciaries and identifying “fiduciary-like” decisions is an even bigger one. A recent Fourth Circuit Court of Appeals opinion reminds employers that the types of decisions made regarding benefit plans is vital in determining fiduciary status. Watch this short video to… Continue Reading

June 25, 2019

Final Regulations Expand Use of Health Reimbursement Arrangements

On June 13, 2019, the U.S departments of Health and Human Services (“HHS”), Labor, and the Treasury (collectively, the “Departments”) pre-released final regulations that will expand the use of health reimbursement arrangement (“HRAs”). Beginning in January 2020, employers will be able to offer two new types of HRAs created by these final regulations – individual… Continue Reading

June 21, 2019

Federal Court Issues Injunction on Contraceptive Mandate Enforcement

On June 5, 2019, the United States District Court for the Northern District of Texas issued a permanent injunction against the federal government from enforcing the Affordable Care Act’s (“ACA”’s) contraceptive mandate and accompanying accommodation process against any members of the two classes certified in Judge Reed O’Connor’s decision. The two classes in this order… Continue Reading

June 10, 2019

Who, What, and Now What? Business Associate HIPAA Obligations

It’s likely you’ve seen post after post discussing the Office for Civil Right’s (“OCR”) recent guidance for Business Associates (“BA”) listing scenarios when BA may be directly liable for breaches of electronic Protected Health Information (“ePHI”). This is not one of those posts; instead, let’s discuss actions BA may take as a result of this… Continue Reading

May 31, 2019

$3 million settlement, HIPAA breach affects 300,000 individuals’ PHI

On May 6, 2019, the U.S. Department of Health and Human Services (“HHS”) announced a $3 million settlement with Touchstone Medical Imaging (“Touchstone”) for potential violations under the Health Insurance Portability and Accountability Act (“HIPAA”) relating to a data breach that exposed over 300,000 patients’ protected health information (“PHI”). HIPAA requires covered entities (e.g., health… Continue Reading

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