COVID-19 Public Health Emergency (PHE) and National Emergency (NE) Wind-Down: Health and Welfare Plan Compliance Issues. This article addresses health and welfare plan implications involving the end of the COVID-19-related national emergency (NE) and public health emergency (PHE). Several benefits mandates and compliance relief provisions were associated with the COVID-19 NE and PHE.

ERISA Litigation: Preemption of State Laws: Complete Preemption. We've updated this resource for recent complete preemption rulings, including decisions involving health provider claims challenging the rate of payment versus the right to payment.

Health Plan Coverage of Surgical and Medication Abortion and Related Services. This new practice note addresses employer-sponsored health plan coverage of surgical and medication abortion and related services, including abortion-related travel benefits. These topics have been the subject of extensive litigation since the Supreme Court's 2022 decision holding that there is not a right to abortion under the federal Constitution (Dobbs v. Jackson Women's Health Org., 142 S. Ct. 2228 (2022)).

HIPAA Notice of Privacy Practices for Group Health Plans. We updated this standard document to reflect proposed regulations (issued under the CARES Act) that would better align existing protections for substance use disorder security (Part 2) with the HIPAA rules (including HIPAA privacy notices).

HIPAA Proposed Regulations to Support Reproductive Health Care Privacy. This article addresses HHS proposed regulations (Apr. 2023) that would amend the HIPAA Privacy Rule to support reproductive health care. HHS's proposed regulations would prohibit uses and disclosures of protected health information (PHI) for criminal, civil, or administrative investigations or proceedings against individuals and HIPAA covered entities or their business associates for seeking, obtaining, providing, or facilitating reproductive health care that is lawful under the circumstances in which it is provided.

Mental Health Parity: Overview. This resource is updated to reflect elimination of the MHPAEA opt-out for self-funded, non-federal governmental health plans, under legislation enacted in December 2022. This legislation was the subject of implementing CMS guidance issued in June 2023.

Preventive Health Services Under the ACA, Other Than Contraceptives. This resource is updated to reflect recent litigation (and follow-on guidance from the administrative agencies) in which a Texas district court barred all actions by the Departments to implement or enforce USPSTF recommendations under the ACA's preventive health services requirements.

Qualified Small Employer Health Reimbursement Arrangements (QSEHRAs). This resource is updated to reflect QSEHRA-related statutory and regulatory developments involving COVID-19, the Medicare Secondary Payer (MSP) reporting requirements, and special enrollment periods for individual market coverage. This resource also reflects the 2023 total payment and reimbursement limits for QSEHRAs.

SPD Language, Subrogation and Reimbursement. We updated this resource for recent subrogation and reimbursement litigation, including a decision rejecting a participant's argument that a plan should not be able to enforce its reimbursement provision regarding a surgery that the plan should not have approved for coverage in the first place.

Surprise Medical Billing for Group Health Plans: Independent Dispute Resolution (IDR) Process (Part I). This resource is updated to reflect recent FAQ guidance and related guidance addressing various issues involving the federal IDR process under the No Surprises Act (NSA). Among other topics, the guidance addressed plans or insurers that require submission of open negotiation information through their own online portal.