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USA - September 10 2012
In George v. Junior Achievement of Central Indiana, the Seventh Circuit held that ERISA Section 510 protects from retaliation employees who lodge unsolicited, informal complaints regarding alleged violations of ERISA, in addition to those who make complaints or provide information in connection with formal proceedings such as claims procedures, administrative actions or court proceedings. In so holding, the Seventh Circuit joined the Fifth and Ninth Circuits Circuits and widened the split with the Second, Third, and Fourth Circuits.
USA - August 23 2012
An Eleventh Circuit Court of Appeals panel recently held that a governmental employer's wellness program, established as part of its insured group health plan, did not violate the Americans with Disabilities Act (ADA) because the program was exempt by virtue of the ADA's "bona fide plan" exception.
USA - April 12 2012
The advent of Health Care Reform has not lessened the importance of complying with existing Employee Retirement Income Security Act (ERISA) and Internal Revenue Code requirements for employer-provided group health plans, such as COBRA, which requires covered health plans to provide certain notices and the opportunity to elect continued coverage to covered persons (qualified beneficiaries) who would otherwise lose coverage because of certain "qualifying events" such as termination of employment, loss of dependent status, and others.
USA - April 11 2012
Recently, the Internal Revenue Service (IRS) published Revised Audit Guidelines for use by IRS auditors in examining group health plans for COBRA compliance.
USA - April 6 2012
After three days of oral arguments last week, the fate of the Patient Protection and Affordable Care Act (ACA) now lies in the hands of the nine Supreme Court justices.
