COBRA Qualifying Event Notice (Employer-Provided). This new standard document, part of our COBRA Toolkit, is a notice from the employer of an employee under a group health plan subject to the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) to the plan administrator regarding occurrence of COBRA qualifying events.

ERISA Litigation: Life Insurance Conversions and ERISA Fiduciary Issues. This new article addresses ERISA fiduciary breach claims resulting from failures to properly administer notice requirements involving conversion rights under group life insurance policies. The article focuses on recent litigation involving this issue in which a verdict was entered against an employer for $750,000, representing the amount of benefits at issue in a life insurance dispute with a plan beneficiary.

ERISA Litigation: Preemption of Select State Laws. This new practice note, a companion to our original ERISA Preemption practice note, addresses how ERISA's preemption provision applies to specified state laws governing employee benefit plans (or that would otherwise govern them, but for preemption).

Expert Q&A on the Impact of Cyber Attacks on Employer Group Health Plans and Related HIPAA Compliance. This new article addresses the recent outbreak of ransomware attacks in the US and the impact these cyber attacks may have on employer-sponsored group health plans, and related compliance considerations under HIPAA.

HIPAA Breach Notification Rules for Group Health Plans. We expanded and updated this resource to address HHS's relaunching of its HIPAA Breach Reporting Tool (HBRT) in July 2017. The HBRT contains public information regarding breaches of unsecured protected health information (PHI) involving 500 or more individuals as reported to HHS by covered entities (CEs) and business associates (BAs). First launched in 2009 as required under the HITECH Act, the HBRT also reflects the status of breaches that are currently under HHS investigation and that were reported within the last 24 months, among other features.

HIPAA Hybrid Entity Policy for Group Health Plans. This entirely standard document is designed for use by a HIPAA CE that elects hybrid entity status (to limit its HIPAA compliance obligations) by designating certain of the entity's components as health care components.

HIPAA Special Enrollment Rights and HIPAA Special Enrollment Rights: Initial Notice. These resources, a practice note and initial notice, respectively, address the requirement that group health plans make available special enrollment opportunities for current employees, dependents, and other individuals in specified circumstances (including the loss of eligibility for other group health plan coverage).

HIPAA Privacy, Security, and Breach Notification Toolkit. We've updated and expanded Practical Law's flagship collection of HIPAA resources for group health plans. Among other resources, the Toolkit includes Practical Law's newly published HIPAA Breach Notification Letter to Plan Participants and Other Individuals.

Mental Health Parity: NQTLs and Other Issues. This entirely new resource addresses nonquantitative treatment limitations for group health plans and insurers under the Mental Health Parity and Equity Addiction Act (MHPAEA). Among other issues, the resource addresses MHPAEA exemptions and litigation involving parity claims and a draft form that would assist participants in requesting MHPAEA-related plan documents.

Wage Overpayment Recoupment Notice and Employee Wage Deduction Authorization. This new standard document, written in collaboration with our Labor & Employment colleagues, is a notice and authorization form for private employers to recover erroneous wage overpayments made to employees through wage deductions. The resource also addresses health plan and employment tax implications, including recent IRS guidance under the Federal Insurance Contributions Act (FICA).