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ERISA Newsletter
  • Proskauer Rose LLP
  • USA
  • January 10 2019

As we closed the door on 2018, we were met by two surprising decisionsone from a panel of the Second Circuit addressing employer


Disability Claims Procedures Should be Updated for New Regulations
  • Proskauer Rose LLP
  • USA
  • August 1 2017

As open enrollment approaches for many benefit plans, employers and plans sponsors should check to make sure their claims procedures for disability


DOL proposes to bring ERISA disability denials in line with the Affordable Care Act
  • Proskauer Rose LLP
  • USA
  • December 2 2015

On November 18, 2015, the Department of Labor (the “Department”) published a notice of Proposed Rulemaking at 80 Fed. Reg. 222 (the “Proposed Rule”)


EEOC’s proposed wellness regulations add burdensome notice requirement; still prohibit mandatory HRAs
  • Proskauer Rose LLP
  • USA
  • April 28 2015

On April 16, 2015, the Equal Employment Opportunity Commission (EEOC) released proposed regulations covering wellness programs that involve


Year two of medical loss ratio rebates: five tips for insured ERISA health plan sponsors
  • Proskauer Rose LLP
  • USA
  • September 10 2013

The Affordable Care Act's medical loss ratio ("MLR") rule requires health insurance companies (but not self-insured plans) in the group or individual


Benefit issues in Puerto Rico: impact of the ACA, ERISA and the PBGC
  • Proskauer Rose LLP
  • Puerto Rico
  • July 3 2013

This article highlights some recent developments that employers with Puerto Rico employee benefits arrangements should consider concerning compliance


Health care reform litigation risks the intersection of ERISA Section 510 and the Affordable Care Act’s whistleblower provisions
  • Proskauer Rose LLP
  • USA
  • May 31 2013

The Affordable Care Act (ACA) is significantly changing employer health care obligations under the Employee Retirement Income Security Act (ERISA)


Rulings, filings, and settlements of interest
  • Proskauer Rose LLP
  • USA
  • March 11 2013

The U.S. Supreme Court previously held that an ERISA plan administrator must distribute benefits to the beneficiary named in the plan, regardless of


The Affordable Care Act and its coverage mandates for employers: a potent recipe for ERISA class actions
  • Proskauer Rose LLP
  • USA
  • August 20 2012

Although the Patient Protection and Affordable Care Act (ACA) has engendered much controversy (pro and con) in the business community, one area that has received less discussion is whether ACA may increase employers’ exposure to high-stakes class action litigation.


PPACA victory sets the stage for new wave of litigation
  • Proskauer Rose LLP
  • USA
  • July 18 2012

The Patient Protection and Affordable Care Act (PPACA) has largely survived its constitutional challenges, providing a degree of certainty to health care insurers, providers and consumers regarding the general coverage rules applicable to group health plans.