New and Updated in Health and Welfare Plans (Q1 2017) | Practical Law

New and Updated in Health and Welfare Plans (Q1 2017) | Practical Law

New from Practical Law Employee Benefits & Executive Compensation! A collection of the top Health and Welfare Plan resources we have published or significantly updated in Q1 of 2017.

New and Updated in Health and Welfare Plans (Q1 2017)

Practical Law Legal Update w-004-8136 (Approx. 3 pages)

New and Updated in Health and Welfare Plans (Q1 2017)

by Practical Law Employee Benefits & Executive Compensation
Law stated as of 28 Mar 2017USA (National/Federal)
New from Practical Law Employee Benefits & Executive Compensation! A collection of the top Health and Welfare Plan resources we have published or significantly updated in Q1 of 2017.
At Practical Law, we are constantly expanding and updating our Health and Welfare Plan resources to reflect the latest developments in employee benefits law. The following list reflects some of the most important Health and Welfare Plan resources we published or extensively revised during Q1 of 2017:
  • ACA Information Reporting: Forms 1095-C and 1094-C (Overview). We updated this resource to reflect IRS guidance that provides an automatic 30-day extension of the due date for providing 2016 employee statements to individuals (that is, the 2016 Forms 1095-B and 1095-C). This resource also is updated to address related good-faith relief from penalties under Code Sections 6721 and 6722.
  • ERISA Litigation: Attorney's Fees. We updated this resource to reflect numerous 2016 and 2017 decisions addressing ERISA's attorney's fee provision. We also expanded this resource to address the scope of eligibility for ERISA attorney's fees and the impact of block-billing on calculating the number of hours under the lodestar method.
  • ERISA Litigation: Interference with Protected Rights (ERISA Section 510). We updated this resource to include an expanded discussion of remedies under ERISA Section 510, a 2016 litigation victory for the DOL (whistleblower claim), recent cases involving the statute of limitations/accrual rules under Section 510, and more.
  • ERISA Preemption: Preemption of State Laws. We expanded this resource to address whether ERISA preempts state laws requiring health insurers to honor assignment of benefit claims made by patients (including health plan participants and beneficiaries) to hospitals. This entirely new section also addresses a split among the circuit courts of appeals regarding ERISA preemption and the assignability of health plan benefits.
  • Excepted Benefits. This entirely new resource addresses the scope of excepted benefits for compliance purposes, including analysis of the four general categories of excepted benefits and why excepted benefits status matters.
  • Expert Q&A on HIPAA Compliance for Group Health Plans and Wellness Programs That Use Health Apps. This new article, featuring the expert views of Shannon Rushing of Dechert LLP, addresses how HIPAA applies to health information that is created, managed, or organized through health apps.
  • HIPAA Business Associates and Cloud Computing for Group Health Plans. This new resource addresses the standards for cloud service providers as HIPAA business associates (BAs). The resource also discusses how HIPAA's privacy, security, and breach notification rules apply to HIPAA covered entities and BAs in contracting with cloud service providers.
  • Qualified Protective Order Under HIPAA (Federal). This entirely new standard document is intended to help prevent the unauthorized disclosure of protected health information during litigation, as required under HIPAA.
  • Summary Annual Report (SAR) for Health and Welfare Plans. This new standard document provides a model summary annual report for an ERISA welfare benefit plan, including numerous drafting notes and compliance tips.
  • What's Market: Class Action Settlement Agreement Database (ERISA Litigation). We recently expanded this new What's Market product to include the following ERISA class action settlement: Stephens, et al. v. US Airways Group, Inc.
For a discussion of other updates to the Health and Welfare Plan resources, see New and Updated in Health and Welfare Plans.