This is the first post in a blog series exploring the U.S. Department of Labor’s recently issued final regulation governing Association Health Plans (AHPs). While AHPs can be either fully-insured or self-funded, the final regulation provides rules that are generally more useful to the former than the latter. Because of the preemptive force of ERISA, fully-insured arrangements are more lightly regulated under state law than their self-funded counterparts. This post addresses the question of what certification is needed, if any, to establish that an AHP is fully-insured.

Continue Reading Association Health Plan Perspectives (Part 1): Determining the Status of an AHP as “Fully-Insured”

Our colleague Alden Bianchi was a guest on a recent episode of Bloomberg Tax’s “Talking Tax” podcast, discussing the U.S. Department of Labor’s new rules for Association Health Plans, which change the standards for determining which small employers are permitted to band together to form, maintain, and participate in single, large group health plans.  Click here to listen, and stay tuned for Alden’s upcoming blog series on this topic!

The U.S. Department of Labor recently issued a final regulation green-lighting the expanded adoption of “association health plans” (or “AHPs”) by self-employed individuals and small businesses.  This new rule is in response to an Executive Order issued last October in which President Trump sought to, among other things, “expand access to more affordable health coverage by permitting more employers to form AHPs.” In an article recently published by Bloomberg Tax, Alden Bianchi explains the background and contend of this new and important regulation and offers some predictions about the rule’s future

Join us in a discussion on the increasingly complex landscape of employee misclassification as we explore best practices to help your company avoid the costly pitfalls and time consuming litigation that can result from this expensive mistake.

Continue Reading Mintz Levin 4th Annual Employment Law Summit – The High Cost of Worker Misclassification

In last week’s post we explained the changes made by a newly proposed Department of Labor regulation, the purpose of which is make it easier for small employers to band together to form “association health plans” (“AHPs”). In that post, we promised to examine the impact of the proposed regulation on the small group and individual health insurance markets, which we will do in this post.

Continue Reading The Department of Labor’s Proposed Association Health Plan Regulation: Who Wins, Who Loses?

On April 2, 2018, significant changes to ERISA’s disability claims procedures will take effect. These new rules will require all ERISA-covered plans which provide disability benefits to make significant modifications to the way disability benefit claims are reviewed and decided. This post describes what is changing and why, and the steps employers must take now to ensure compliance.

Continue Reading No More Delays! New Disability Claims Rules to Take Effect April 2, Says DOL

On January 3, 2018, the Department of Labor issued proposed regulations that will make it easier for small employers to band together to form “association health plans” (“AHPs”), thereby providing access to more liberal underwriting and other rules governing large groups. This post provides context for, and summarizes the changes made by, these proposed regulations.

Continue Reading The Department of Labor’s Newly Issued Association Health Plan Proposed Regulations Include Welcome Changes for Employers But Would Present State Regulatory Challenges

On October 13th, President Trump signed an Executive Order directing various federal agencies to consider how to achieve three administration health reform objectives: (1) expand access to Association Health Plans (AHPs); (2) increase the current limits on short-term health insurance; and (3) allow wider use of employer health reimbursement arrangements so employees can buy coverage on their own in the individual market. This post considers what regulatory actions are necessary to accomplish the first objective—expanded access to AHPs.

Continue Reading Expanding Association Health Plans—Which Agencies Need to do What

What is happening in employment law? We will be providing you with quick employment law updates on a bi-monthly basis in a new series called “The Bubbler.”  It will let you know what’s what and who’s who in the continually-evolving, ever-important, hard-to-keep-track-of employment law world. The Bubbler delivers current events and other important news to our readers without the time or the interest to piece through the recent legislation, the ever-growing release of regulations and other agency guidance and the lengthy court decisions. We’re your colleagues at the water cooler who tell you just enough to pique your interest (but then provide links to satisfy your curiosity). Enjoy!

Continue Reading The Bubbler: September 6, 2017

Short of a successful (but highly unlikely) appeal, the Obama-era overtime rule is now officially no longer.  That rule would have required employers to pay employees a little more than $47,000 annually to qualify under one of the Fair Labor Standards Act’s white collar exemptions.  The rule was already in limbo when a Texas Federal district court judge temporarily prevented its enforcement just before Thanksgiving last year, and now that same judge has struck down the rule permanently just before another major American holiday.

 

Continue Reading Employers Receive Important Overtime Law News Just Before Labor Day