New and Updated in Health and Welfare Plans (Q3 2022) | Practical Law
New from Practical Law Employee Benefits & Executive Compensation! A collection of the top Health and Welfare Plan resources we published or significantly updated during Q3 2022.
New from Practical Law Employee Benefits & Executive Compensation! A collection of the top Health and Welfare Plan resources we published or significantly updated during Q3 2022.
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 substantially revised during Q3 2022:
ACA Section 1557 Compliance for Health Coverage Toolkit. This collection of resources addresses compliance issues for covered entities that are subject to the nondiscrimination requirements of ACA Section 1557. ACA Section 1557 prohibits individuals from being excluded from participation in, being denied the benefits of, or being subject to discrimination under any health program or activity that receives federal financial assistance on specified grounds (for example, disability).
ERISA Litigation: Interference with Protected Rights (ERISA Section 510). We substantially updated this practice note for numerous recent Section 510 cases, including 2022 litigation in which a district court concluded that a law firm associate did not provide sufficient evidence that a law firm's reasons for terminating the associate were pretextual. For additional ERISA litigation resources, see ERISA Litigation Toolkit.
Mental Health Parity: Overview. We updated this resource to reflect numerous mental health parity compliance developments, including the Departments' 2022 Report to Congress addressing group health plan compliance with MHPAEA. The 2022 report, which doubled as the Departments' first installment of an annual report to Congress (as required under the Consolidated Appropriations Act, 2021 (CAA-21)), addressed comparative analyses regarding nonquantitative treatment limitations (NQTLs) and concluded that none of the 156 comparative analyses the Departments reviewed were compliant. For more information on mental health parity compliance, see Mental Health Parity (MHPAEA) Toolkit.
SPD Compliance Chart for ERISA Plans. We've updated this resource to address, among other issues, health plan requirements added under CAA-21 that should be addressed in summary plan descriptions (SPDs). These requirements include extensive surprise medical billing protections and continuity of care standards. This resource also addresses the Supreme Court's Dobbs ruling.