Legal Update: HHS Final Rule on Nondiscrimination in Health Programs and Activities
On April 26, 2024, the U.S. Department of Health and Human Services’ (HHS) Office of Civil Rights (OCR) issued a final rule under Section 1557 of the Affordable Care Act, which prohibits discrimination based on race, color, national origin, sex, age or disability in certain health programs and activities.
Legal Update: FTC Announces Rule Banning Noncompetes
On April 23, 2024, the Federal Trade Commission (FTC) voted to issue a final rule that would ban noncompete agreements in virtually all employment relationships. The final rule has not yet been filed in the Federal Register, but is scheduled to take effect 120 days after such filing.
Legal Update: DOL Announces Final Overtime Rule Increasing Salary Levels for White-collar Employees
On April 23, 2024, the U.S. Department of Labor (DOL) announced a final rule to amend current requirements employees in white-collar occupations must satisfy to qualify for an overtime exemption under the Fair Labor Standards Act (FLSA).
The final rule will take effect on July 1, 2024.
Legal Update: CMS Status Update on Advanced Explanation of Benefits Implementation
On April 23, 2024, the Centers for Medicare and Medicaid Services (CMS) provided a status update on the progress it is making toward implementation of the advanced explanation of benefits (AEOB) transparency provision of the Consolidated Appropriations Act (CAA). While the AEOB requirement was originally effective in 2022, federal agencies delayed the requirement for plans and issuers to provide AEOBs until implementation rules could be issued.
Legal Update: DOL Issues Final Retirement Security Rule and Related Amendments to PTEs
On April 23, 2024, the U.S. Department of Labor (DOL) issued a final retirement security rule updating the definition of an investment advice fiduciary for purposes of the Employee Retirement Income Security Act (ERISA). The DOL also separately released amendments to class prohibited transaction exemptions (PTEs) available to investment advice fiduciaries.
The final rule and amendments to the PTEs generally take effect on Sept. 23, 2024.
Legal Update: HHS Finalizes Rule to Strengthen Reproductive Health Care Privacy
The U.S. Department of Health and Human Services (HHS) has issued a final rule that strengthens the HIPAA Privacy Rule by prohibiting the disclosure of protected health information (PHI) related to lawful reproductive health care in certain situations. According to HHS, these new protections are necessary to protect access to and privacy of reproductive health care following the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization.
Legal Update: EEOC Releases Final Rule Implementing Pregnant Workers Fairness Act
On April 15, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) released a final rule to implement the Pregnant Workers Fairness Act (PWFA). The final rule clarifies definitions and limitations under the PWFA and seeks to help employers understand their duties under the law. The final regulation will be published in the Federal Register on April 19, 2024, and becomes effective on
June 18, 2024.
Legal Update: Deadline Reminder: RxDC Reports Are Due by June 1, 2024
Group health plans and health insurance issuers must annually submit detailed information on prescription drug and health care spending to the federal government. This reporting is referred to as the “prescription drug data collection” (or “RxDC report”). This is an annual reporting requirement—plans and issuers must submit these reports by June 1 of each year
The next RxDC report is due by Saturday, June 1, 2024, covering data for 2023.
Legal Update: US Supreme Court Rules That Mandatory Job Transfer Can Be Discriminatory Under Title VII
On April 17, 2024, the U.S. Supreme Court issued a unanimous decision in Muldrow v. City of St. Louis, holding that a mandatory job transfer can constitute illegal discrimination under Title VII of the Civil Rights Act of 1964 (Title VII) if it causes harm with respect to an identifiable term or condition of employment, even if the harm is not significant.
Employers may consider greater care in mandating employee transfers, including lateral job transfers, to ensure that such decisions are not discriminatory and do not result in even insignificant harm with respect to identifiable terms and conditions of employment.
Legal Update: ACA Information Reporting Penalties Increased for Returns Filed in 2025
IRS Revenue Procedure 2023-34 includes updated penalty amounts that may apply to reporting entities that fail to comply with the Affordable Care Act’s (ACA) requirements under Internal Revenue Code Sections 6055 and 6056. The increased amounts apply to 2024 information returns and individual statements that are required to be filed and furnished in 2025.
Client and Employee Resources
The more your employees understand your benefit plans the more they become educated, empowered consumers. The programs you provide will also gain an enhanced value.
As your strategic partners in employee benefits, we can provide multiple avenues of ongoing support, including:
- Employee Meetings (English and Spanish)
- Webcasts
- Payroll Stuffers
- Poster Campaigns
- Newsletters
Carrier Directories
E-Verify is a web-based system that allows enrolled employers to confirm the eligibility of their employees to work in the United States. Click the image below to begin.
