Practical HR Tips, News & Advice. Updated Daily.
A federal appeals court not only affirmed a ruling that an employer/plan administrator must pay more than $126,000 in penalties and legal costs for intentionally violating COBRA notice requirements, it also held that about $2,460 in expenses excluded from the legal award should be revisited by the lower court. The case is Evans v. Books-A-Million, […]
When investigating a breach of IT network security leading to leakage of protected health information, HHS looks for consistency in the covered entity’s response — with both HIPAA rules and the organization’s own written procedures, according to a former official with HHS’ Office for Civil Rights. OCR tends to “expect a perfect assessment done the […]
By Peter A. Susser Federal contractors’ administration of family leave will face unprecedented scrutiny as a result of a new executive order from President Obama. The order requires the disclosure of labor law violations committed by would-be contractors, and a determination of whether that candidate is satisfactorily responsible and ethical. The order is […]
In a decision sharply at odds with a recent Illinois ruling, a federal district court in Arizona held that health care providers cannot be characterized as plan beneficiaries who can sue to compel payment of ERISA benefits. The court rejected the view that a direct payment for services is an ERISA benefit that give providers […]
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By Robert Toth Jr. Lifetime income for 401(k) plans have been getting a lot of press, driven in large part by efforts by the U.S. Departments of Labor and Treasury to find ways to promote retirement security. IRS took a substantial step in making these defined contribution lifetime income efforts become a reality […]
The Self-Insurance Institute of America has lost a round in its battle against a state-imposed tax on ERISA health plans. In a new ruling, the 6th U.S. Circuit Court of Appeals held that Michigan’s health care claims tax withstood SIIA’s preemption arguments, because the law doesn’t interfere with the parts of plan administration reserved exclusively […]
A former employee left with more than $13,000 in unpaid medical bills after his employer retroactively terminated his employment and health benefits can sue for state-law claims, a federal district court ruled. The individual alleged that while he was hospitalized, the employer said his expenses would be covered. Thus, he did not elect COBRA coverage. […]
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Which is worst for a participant’s 401(k) savings: (a) plan loan defaults; (b) hardship withdrawals; or (c) cashouts upon job change? It turns out to be (c), especially for young employees and about one-fifth of those in the lowest income quartile, the Employee Benefit Research Institute concluded in a new analysis. The effect from the […]