Legal Update: HHS Provides HIPAA Model Attestation for Reproductive Health Care Privacy
The U.S. Department of Health and Human Services (HHS) has updated its webpage on reproductive health care privacy to provide additional resources,including a HIPAA model attestation form, that covered entities and business associates may use to comply with new protections for reproductive health care privacy. These new privacy protections become effective on Dec. 23, 2024.
Legal Update: Federal Courts Block Enforcement of Certain Section 1557 Nondiscrimination Provisions
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.
The final rule was to become effective July 5, 2024, with varied applicability dates for certain provisions, but federal courts have blocked portions of the rule from going into effect.
In the Loop – July
Biden Administration Cancels $7.7 Billion in Student Debt for 160,000 Borrowers
On May 21, 2024, President Joe Biden announced that an additional 160,000 Americans would get
their student debt—a collective $7.7 billion—canceled. With this move, the Biden-Harris administration has offered a total of $167 billion in loan forgiveness to 4.75 million Americans.
Compliance Bulletin – 2024 Midyear Employment Law Compliance Trends
Throughout 2024, there have been significant changes in employment law at the federal, state and local levels. A review of recent and proposed legislation reveals a number of emerging trends that will affect employers for the remainder of the year.Employers should ensure that they are apprised of significant legal developments and are either in compliance or prepared to comply with their requirements.
The midyear point is a great time for employers to evaluate their compliance with recent and upcoming employment laws.Understanding and responding to these trends will be essential for employers’ success for the remainder of 2024 and beyond.
Legal Update: Texas Federal District Court Partially Clocks the FTC’s Noncompete Ban
On July 3, 2024, the U.S. District Court for the Northern District of Texas granted the plaintiffs’ motion in Ryan LLC v. FTC for a preliminary injunction to block the Federal Trade Commission’s (FTC) noncompete ban while the court considers the merit of the case. The injunction applies only to the plaintiffs in the case: a Texas employer, the U.S. Chamber of Commerce and other business
organizations. The court intends to rule on the merits of the case by Aug. 30, 2024, before the ban’s scheduled effective date of Sept. 4, 2024.
Think Well, Be Well: Coping With Summer-onset Seasonal Affective Disorder
Summer is typically viewed as a season of sunshine, vacations and outdoor fun, but for some, it brings an unexpected wave of depression known as reverse seasonal affective disorder (SAD). While the winter variant of SAD is more well-known, summer-onset SAD is a legitimate condition that can significantly impact one’s mood and energy levels. Factors such as extreme heat,disrupted routines and societal pressure to have fun all contribute to this form of seasonal depression.
Compliance Overview – Using HSAs, Health FSAs and HRAs for Over-the-Counter Items
Health savings accounts (HSAs), health flexible spending accounts (FSAs) and health reimbursement arrangements (HRAs) may provide tax-free reimbursements of certain over-the-counter (OTC) items. OTC items are generally available to consumers without a prescription.
To be reimbursable, an OTC item must be for “medical care,” as defined under Internal Revenue Code (Code) Section 213(d). Medical care expenses are amounts paid for the diagnosis, cure, mitigation, treatment or prevention of disease, or for the purpose of affecting a structure or function of the body.
Legal Update: U.S. Supreme Court Overrules Chevron Deference
On June 28, 2024, the U.S. Supreme Court issued a decision in Loper Bright Enterprises v. Raimondo and Relentless Inc. v. Department of Commerce. The Court overruled its 1984 decision in Chevron, U.S.A. Inc. v. Natural Resources Defense Council Inc., which held that courts should defer to federal agencies to interpret ambiguities and gaps in the laws that the agencies implement (known as Chevron deference).
Benefits and Me: What You Need to Know About Medical Credit Cards (July)
Medical credit cards may be appealing as a short-term solution to high healthcare costs. However, high interest rates can cause you to overpay for services and result in debt. Additionally, you may incur unexpected fees if you don’t fully understand the terms of your medical credit card.
Compliance Bulletin – Coverage of Gender-affirming Care: Employer Considerations
In Lange v. Houston County, the 11th Circuit Court of Appeals ruled that it was a violation of Title VII of the Civil Rights Act of 1964 (Title VII) for an employer to deny coverage for gender-affirming care. Specifically, the court held that the exclusion constituted discrimination on the basis of sex in violation of Title VII because transgender persons are the only plan participants who would seek or qualify for gender-affirming surgery.
The decision comes on the heels of the issuance of final rules under Section 1557 of the Affordable Care Act, which prohibits discrimination in certain health programs and activities. The final rules, which are currently being challenged in court, explicitly clarify that sex discrimination includes discrimination based on gender identity.
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.
